National Realty & Construction Co. v. Occupational Safety & Health Review Commission’s Empirical Analysis
489 F.2d 1257 · 1973
Citation profile
156 federal appellate · 1 district · 23 state decisions
How this case has been cited
Cited by 329 later decisions — most recently March 2020 · most notably United Steelworkers of America AFL-CIO, Local 2610 v. Bethlehem Steel Corp. (1984), 6 O.S.H. Cas.(bna) 1436, 1978 O.S.H.D. (Cch) P 22,646 Cornell and Company, Inc. v. Occupational Safety and Health Review Commission and Secretary of Labor (1978)
156 federal appellate · 1 district · 23 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
Relies on National Labor Relations Board v. Mackay Radio & Telegraph Co. · National Labor Relations Board v. Fant Milling Co. · Rodale Press, Inc. v. Federal Trade Commission · L. G. Balfour Company, a Corporation, and Burr, Patterson & Auld Company, a Corporation v. Federal Trade Commission
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 329 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to assure so far as possible every working man and woman in the Nation safe and healthful working conditions . . . .”
37 later decisions quote this exact passage · from the majority“did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.”
18 later decisions quote this exact passage · from the majority“the Secretary must prove (1) that the employer failed to render its workplace 'free' of a hazard which was (2) 'recognized' and (3) 'causing or likely to cause death or serious physical harm.'”
17 later decisions quote this exact passage · from the majoritye.g. 9 O.S.H. Cas.(bna) 1646, 1981 O.S.H.D. (Cch) P 25,376 St. Joe Minerals Corporation, D/B/A St. Joe Lead Co. Smelting Division v. Occupational Safety and Health Review Commission and Ray Marshall, Secretary of Labor, United States Department of Labor · 7 O.S.H. Cas.(bna) 1893, 1979 O.S.H.D. (Cch) P 24,050 Magma Copper Company v. Ray Marshall, Secretary of Labor, and Occupational Safety and Health Review Commission
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.