Brennan v. Occupational Safety & Health Review Commission’s Empirical Analysis
502 F.2d 946 · 1974
Citation profile
47 federal appellate · 4 state decisions
How this case has been cited
Cited by 72 later decisions — most recently April 2014 · most notably 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), Frank Irey, Jr., Inc. v. Occupational Safety & Health Review Commission (1974)
47 federal appellate · 4 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 Universal Camera Corp. v. National Labor Relations Board · National Realty & Construction Co. v. Occupational Safety & Health Review Commission · Brennan v. Southern Contractors Service · Associated Industries of New York State, Inc. v. United States Department of Labor
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
5 later decisions quote this exact passage · from the majority“. . . a serious violation shall be deemed to exist in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations, or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.”
3 later decisions quote this exact passage · from the majority“Since the general duty clause is so broad, the evidence to support a charge of violation should be specific and detailed.”
3 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 · Whirlpool Corporation v. Occupational Safety and Health Review Commission Whirlpool Corporation
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.