United States First Circuit

A fine issued by the Occupational Safety and Health Review Commission against plaintiff for safety violations is affirmed where the imposition of the fine was not arbitrary, capricious, or an abuse of discretion.

Appellate Information

• Decided 12/10/2004
• Published 12/10/2004

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Richard D. Wayne with whom Brian E. Lewis and Hinckley, Allen & Snyder LLP were on brief for petitioner.


• For Appellees:
  
• Ronald J. Gottlieb, United States Department of Labor, Office of Solicitor, with whom Howard M. Radzely, Solicitor of Labor, Joseph M. Woodward, Associate Solicitor for Occupational Safety and Health, and Ann Rosenthal, Counsel for Appellate Litigation, were on brief for respondent.