Donovan v. A.A. Beiro Construction Co.’s Empirical Analysis
1984
Citation profile
Relationships
Applies 29 U.S.C. § 657 (§ 8 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 659 (§ 10 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 660 (§ 11 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 661 (§ 12 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 666 (§ 17 of the Occupational Safety and Health Act of 1970)
Relies on Schneckloth v. Bustamonte · Johnson v. United States · United States v. Matlock · Bumper v. North Carolina · Oliver v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Clarkson Constr. Co. v. OSHRC, 531 F.2d 451 , 456 (10th Cir.1976). In addition, as the Secretary points out, the proposed penalties assessed against Beiro were not the maximum allowable penalties under the Act. 13 See Brief for Secretary at 45. Finally, the ALJ found no appearance of vindictiveness in Mr. Tupper's conduct. To the contrary, he found Mr. Tupper conducted the inspection with a”
2 later decisions quote this exact passage · from the majority“) inspection of the construction site. 1 Beiro contested all of the citations, alleging that OSHA lacked proper authority to conduct a warrantless inspection and that Beiro was a victim of vindictive and selective prosecution. Following an evidentiary hearing, the administrative law judge (”
2 later decisions quote this exact passage · from the majority“) found that OSHA had obtained proper consent for the inspection and had not vindictively prosecuted Beiro, but vacated three serious and three nonserious citations on substantive grounds. Both the Secretary of Labor (”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.