By Mark A. Lies, II, Adam R. Young, and Kay R. Bonza
Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single unforeseen human error. Coleman Hammons Constr. Co., Inc. v.
Continue Reading Fifth Circuit Provides New Grounds for Employers to Pursue Late Notices of Contest to OSHA Citations
Seyfarth Synopsis: In advance of the firm’s 75th anniversary in 2020, Seyfarth this week launched a new brand and website which reflect a distinct client experience, combining the scale of the firm’s legal representation around the globe with innovative service delivery capabilities.
The firm’s new brand – Seyfarth – pays homage to its heritage with a close eye on
Continue Reading Seyfarth Reimagines Brand and Website with New Launch
By Andrew H. Perellis, Joshua M. Henderson, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Supreme Court upheld this week a key component of administrative law that tells judges to defer to an executive agency’s interpretation of its own ambiguous regulation. Kisor v. Secretary of Veterans Affairs, No. 18-15 (US June 26,
Continue Reading Supreme Court Upholds “Auer” Doctrine of Deferring to Agency’s Interpretation of its Own Ambiguous Regulation, While Imposing Limitations of When Deference is Triggered
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Supreme Court agreed this week to reconsider a key precedent of administrative law that tells judges to defer to an agency’s interpretation of its own ambiguous regulation, taking up a challenge to the so-called “Auer” or “Seminole Rock” deference. The Auer deference
Continue Reading Supreme Court To Reconsider ‘Auer’ Deference
By Adam R. Young, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: OSHA may refuse to allow its compliance officers to testify in civil tort proceedings.
In a personal injury action (associated with an accident that resulted in an OSHA inspection), a trucking company sought to compel the deposition testimony of two OSHA compliance officers because
Continue Reading District Court Upholds OSHA’s Refusal to Permit Compliance Officer’s Testimony in Personal Injury Case