Legal Opinion

Secretary of Labor v. Trinity Industries, Inc.

Court of Appeals for the Third Circuit

Decided August 31, 2007No. 06-2121, 06-2271PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

BARRY, Circuit Judge.

At issue before the Court is the decision of an Administrative Law Judge (“ALJ”) constituting a final order of the Occupational Safety and Health Review Commission (“OSHRC” or “Commission”), which upheld two violations of the OSH Act but reclassified them as “non-serious.” The Secretary of Labor, in 06-2121, contends that the ALJ erred in this reclassification of the violations. Trinity Industries, in 06-2271, argues that the ALJ erred in affirming the violations at all. For the following reasons, we will grant the petition in 06-2121 and deny the…

2Cases cited13 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
  3. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
  4. Robert B. Reich, Secretary of Labor, United States Department of Labor v. D.M. Sabia Company and Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1996
  5. California Stevedore and Ballast Company v. Occupational Safety and Health Review CommissionCourt of Appeals for the Ninth Circuit · 1975

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3Cited by9 opinions

  1. Solis v. Summit Contractors, Inc.Court of Appeals for the Eighth Circuit · 2009
  2. United States v. Atlantic States Cast Iron Pipe Co.District Court, D. New Jersey · 2009
  3. John H. Quinlan v. Secretary, U.S. Department of LaborCourt of Appeals for the Eleventh Circuit · 2016
  4. Secretary of Labor v. Conocophillips Bayway RefineryCourt of Appeals for the Third Circuit · 2011
  5. Western World, Inc. v. Secretary of LaborCourt of Appeals for the Third Circuit · 2015

4 more not listed; retrieve them via the Exa API.

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