Legal Opinion
Avon Contractors, Inc. v. Secretary of Labor Occupational Safety and Health Review Commission
Court of Appeals for the Third Circuit
Decided June 9, 2004No. 03-1615PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Chief Judge.
At issue is whether Petitioner Avon Contractors, Inc. is entitled to relief under the excusable neglect standard of Fed. R.Civ.P. 60(b)(1), after it failed to timely file a notice of contest to Occupational Safety and Health Administration Citations and a Notice of Penalty delivered by certified mail. We addressed similar issues in George Harms Construction Co. v. Chao, 371 F.3d 156, No. 03-2215, 2004 WL 1254119 (3d Cir. June 9, 2004), in which we heard oral argument on the same day as this matter.
We will vacate the Occupational Safety and Health…
2Cases cited6 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Cuyahoga Valley Railway Co. v. United Transportation UnionSupreme Court of the United States · 1985
- 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
- George Harms Construction Co., Inc. v. ChaoCourt of Appeals for the Third Circuit · 2004
- Elaine M. Chao, Secretary of Labor v. Russell P. Le Frois Builder, Inc. Occupational Safety and Health Review CommissionCourt of Appeals for the Second Circuit · 2002
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3Cited by2 opinions
- Coleman Hammons Const Co., Inc v. OSHCCourt of Appeals for the Fifth Circuit · 2019
- A & B Campbell Family v. Chesakpeake Energy CorporationDistrict Court, M.D. Pennsylvania · 2025