Bancker Construction Corp. v. Reich’s Empirical Analysis
31 F.3d 32 · 1994
Citation profile
5 federal appellate · 3 state decisions
How this case has been cited
Cited by 12 later decisions — most recently September 2018
5 federal appellate · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 29 U.S.C. § 658 (§ 9 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 660 (§ 11 of the Occupational Safety and Health Act of 1970) · 5 U.S.C. § 706
Relies on Donovan v. Royal Logging Co. · Olin Construction Co. v. Occupational Safety & Health Review Commission · Dole v. Williams Enterprises, Inc. · Brock v. Dun-Par Engineered Form Co.
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.
“(1) the hazards of compliance with [the] standard are greater than the hazards of noncompliance, (2) alternative means of protection are unavailable, and (3) a variance [(a procedure by which an employer formally requests an exception from OSHA regulations)] was unavailable or inappropriate.”
1 later decision quote this exact passage · from the majority“that compliance with the standard's literal requirements was impossible or would have precluded performance of the work,”
1 later decision quote this exact passage · from the majority“[i]t is an affirmative defense to a charge of violating an OSHA standard that compliance was impossible or infeasible,”
1 later decision 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.