Legal Opinion
Island Creek Coal Co. v. Jay Wilkerson
Court of Appeals for the Sixth Circuit
Decided December 3, 2018No. 18-3147PublishedCited by 76 opinions
1Opinion of the Court
SUTTON, Circuit Judge.
The Benefits Review Board awarded benefits to Jay Wilkerson under the Black Lung Benefits Act. The Island Creek Coal Company asks us to vacate that award on two grounds: The administrative law judge lacked authority to hear the case under the Appointments Clause, and the evidence does not support the award. Because Island Creek forfeited its constitutional claim by failing to raise it in its opening brief and because substantial evidence supports the award, we deny the petition for review.
I
Jay Wilkerson mined coal for over 25 years. In 1994, he retired from the Island…
2Cases cited18 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Freytag v. CommissionerSupreme Court of the United States · 1991
- Lucia v. SECSupreme Court of the United States · 2018
- Sanborn v. ParkerCourt of Appeals for the Sixth Circuit · 2010
- Jones Brothers, Inc. v. Sec'y of LaborCourt of Appeals for the Sixth Circuit · 2018
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3Cited by76 opinions
- Island Creek Coal Co. v. Melyndia BryanCourt of Appeals for the Sixth Circuit · 2019
- Chris Hartman v. Jeremy ThompsonCourt of Appeals for the Sixth Circuit · 2019
- United States v. William MillerCourt of Appeals for the Sixth Circuit · 2020
- Kyle Brandon Richards v. Thomas PerttuCourt of Appeals for the Sixth Circuit · 2024
- Malouf v. SEC. & Exch. Comm'nCourt of Appeals for the Tenth Circuit · 2019
71 more not listed; retrieve them via the Exa API.