Legal Opinion
People v. Pymm
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 1989PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Harwood, J.
On this appeal the primary issue we are called upon to determine is whether the Occupational Safety and Health Act of 1970 (hereinafter OSHA) (29 USC § 651 et seq.) preempts the State, in the absence of approval from OSHA officials, from prosecuting the defendants for conduct which is regulated by OSHA. We conclude that it does not and therefore reverse the order setting aside the jury verdict.
The corporate defendants, Pymm Thermometer Corporation (hereinafter PTC) and Pak Glass Machinery Corporation (hereinafter Pak Glass), were New York corporations operating…
2Cases cited20 opinions
- People v. ContesNew York Court of Appeals · 1983
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
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3Cited by4 opinions
- National Solid Wastes Management Ass'n v. KillianCourt of Appeals for the Seventh Circuit · 1990
- People v. PymmNew York Court of Appeals · 1990
- National Solid Wastes Management Association v. KillianCourt of Appeals for the Seventh Circuit · 1991
- People v. KellerNew York Supreme Court · 1998