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· 3/23/1977

Atlas Roofing Co. v. Occupational Safety and Health Review Comm'n

Citations

  • 430 U.S. 442
  • 97 S. Ct. 1261
  • 51 L. Ed. 2d 464
  • 1977 U.S. LEXIS 65
  • 5 OSHC (BNA) 1105

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that Congress can create new substantive rights “unknown to the common law”
  • finding that Congress enacted OSHA because it found existing state statutory and common law remedies inadequate to protect employees from unsafe working conditions
  • noting \distinction between cases of private right and those which arise between the Government and persons subject to its authority\
  • leaving open question of whether right to jury trial exists in suit seeking back pay but not reinstatement
  • upholding agency adjudications of workplace safety violations despite the existence of “state common-law actions for negligence and wrongful death”
  • discussing Jones & Laughlin as an example of Congress having created a public-rights scheme outside the reach of the Seventh Amendment

Source: CourtListener parenthetical corpus (CC0).

Judges: Blackmun, Members, White

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.