United States Tenth Circuit

In an administrative complaint with the Department of Labor, petition for review of the Administrative Review Board's award of attorney's fees to the employee after his reinstatement is denied where an earlier 10th Circuit order did not decide the issue of attorney's fees, and the law of the case doctrine did not preclude the ARB from subsequently awarding those fees.

Appellate Information

• Decided 07/31/2007
• Published 08/01/2007

Judges

• GORSUCH, Circuit Judge., Before BRISCOE, McKAY, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Steven A. Broussard, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, for Petitioner., Robt. S. Coffey, Robt. S. Coffey, Inc., Tulsa, OK, for Intervenor.


• For Appellees:
  
• Howard M. Radzely, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, Michael P. Doyle, Counsel for Appellate Litigation, Ronald Gottlieb, Attorney, United States Department of Labor, Washington, D.C., for Respondent.