· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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