United States Third Circuit

In a case arising from citations issued against respondent-construction company for alleged OSHA violations, an order affirming a grant of Rule 60(b)(1) relief to respondent and vacatur of the citations is affirmed where the Commission did not err by affirming the ALJ's vacatur order solely on the ground that the Secretary of Labor failed to file a complaint, without reviewing the Secretary's argument that the ALJ improperly excused respondent's untimely notice of contest.

Appellate Information

• Argued 12/10/2007
• Decided 02/29/2008
• Published 02/29/2008

Judges

• Before:  SMITH, NYGAARD, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ronald J. Gottlieb, (argued), Scott Glabman, U.S. Department of Labor, Office of the Solicitor, Washington, D.C., for Petitioner.


• For Appellees:
  
• Charles S. Russell, Jr., (argued), Moore, Dodson & Russell, P.C., St. Thomas, V.I., for Respondent, Roy's Construction, Inc.