Flenker v. Willamette Industries, Inc.

How courts have described this case

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

• holding that Occupational Health & Safety Act, which does not provide a private right of action, does not preclude judicial recognition of a state claim for wrongful discharge in violation of public policy
• considering OSHA violations for machine safety and holding that plaintiff could maintain a state-law tort claim for retaliatory discharge because the federal OSHA remedy was inadequate
• whistleblowing claim based on good-faith reporting of federal Occupational Safety and Health Act violations approved
• whistleblowing based on good-faith reporting of federal Occupational Safety and Health Act violations
• responding to certified question from the 10th Circuit Court of Appeals after defendant filed motion for summary judgment in federal court case alleging Occupational Safety & Health Administration provided an adequate alternative remedy for plaintiffs common-law retaliatory discharge claim
• alternative remedies doctrine, referenced sometimes as preclusion, and which is a substitution of law concept, is applied to OSHA remedy and retaliatory discharge

Source: CourtListener parenthetical corpus (CC0).