Legal Opinion

Koch Foods, Inc. v. Secretary, U.S. Dept. of Labor for Occupational Safety and Health

Court of Appeals for the Eleventh Circuit

Decided March 11, 2013No. 11-14850PublishedCited by 16 opinions

1Opinion of the Court

FRIEDMAN, District Judge:

Petitioner Koch Foods, Inc. appeals the final decision and order issued by the Administrative Review Board (ARB) of the Department of Labor (DOL), in which the ARB determined that Koch Foods had violated the whistleblower protection provision of the Surface Transportation Assis tance Act (STAA) by firing its employee, respondent Timothy Bailey.

Congress passed the STAA’s whistle-blower provision in 1983 to “protect[ ] employees in the commercial motor transportation industry from being discharged in retaliation for refusing to operate a motor vehicle that does not…

2Cases cited23 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Rust v. SullivanSupreme Court of the United States · 1991
  4. Finley v. United StatesSupreme Court of the United States · 1989
  5. Josendis v. Wall to Wall Residence Repairs, Inc.Court of Appeals for the Eleventh Circuit · 2011

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3Cited by16 opinions

  1. Curtis Rookaird v. Bnsf Railway CompanyCourt of Appeals for the Ninth Circuit · 2018
  2. Kaye v. Blue Bell Creameries, Inc. (In Re BFW Liquidation, LLC)Court of Appeals for the Eleventh Circuit · 2018
  3. Florida Agency for Health Care Administration v. Bayou Shores SNF, LLC (In Re Bayou Shores SNF, LLC)Court of Appeals for the Eleventh Circuit · 2016
  4. Diego Gaines v. K-Five Construction CorporatioCourt of Appeals for the Seventh Circuit · 2014
  5. Mais v. Gulf Coast Collection Bureau, Inc.District Court, S.D. Florida · 2013

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