Legal Opinion
Cerro Metal Products v. Marshall
Court of Appeals for the Third Circuit
Decided April 24, 1980No. Nos. 79-1760 to 79-1763PublishedCited by 123 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
This appeal requires us to decide whether the Occupational Safety and Health Administration (OSHA) has properly authorized its compliance officers to seek ex parte inspection warrants in order to inspect industrial establishments for alleged health and safety violations. The problem is sharpened by the fact that Supreme Court dictum noting that such authority would be constitutional also stated that the relevant regulation did not provide for it. In preliminarily enjoining OSHA from obtaining warrants without providing plaintiff companies notice and an…
2Cases cited58 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Cort v. AshSupreme Court of the United States · 1975
- United States v. CalandraSupreme Court of the United States · 1974
- Udall v. TallmanSupreme Court of the United States · 1965
53 more not listed; retrieve them via the Exa API.
3Cited by123 opinions
- Frederick T. Ray v. C.O. Kertes C.O. Stolz C.O. Reed C.O. Rogers Lt. Nash Lt. Hicks Lt. A. Smith Capt. Almanshifer R. Norris Tim Launtz, Frederick RayCourt of Appeals for the Third Circuit · 2002
- Hubbard v. TaylorCourt of Appeals for the Third Circuit · 2005
- Andrew Cirko v. Commissioner Social SecurityCourt of Appeals for the Third Circuit · 2020
- Hubbard v. TaylorCourt of Appeals for the Third Circuit · 2005
- Sharon Andrade v. Charles A. Lauer, Acting Administrator, Office of Juvenile JusticeCourt of Appeals for the D.C. Circuit · 1984
118 more not listed; retrieve them via the Exa API.