Marshall v. Anaconda Co.’s Empirical Analysis
596 F.2d 370 · 1979
Citation profile
16 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 35 later decisions — most recently May 2020 · most notably Montgomery Ward Co Incorporated v. Federal Trade Commission (1982), Edison Electric Institute v. Occupational Safety & Health Administration (1988)
16 federal appellate · 1 district · 1 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. § 651 (§ 2 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 652 (§ 3 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 655 (§ 6 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. § 665 (§ 16 of the Occupational Safety and Health Act of 1970)
Relies on Skidmore v. Swift & Co. · South Dakota v. Nebraska · Diamond Roofing Co., Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, S. D. Mullins Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor, Lance Roofing Company, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, the Secretary of Labor · Atlantic & Gulf Stevedores, Inc. v. Occupational Safety & Health Review Commission · California Stevedore & Ballast Co. v. Occupational Safety & Health Review 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The responsibility to promulgate clear and unambiguous standards is upon the Secretary. The test is not what he might possibly have intended, but what he said. If the language is faulty, the Secretary has the means and obligation to amend.”
6 later decisions quote this exact passage · from the dissent“(I)f a violation of a regulation subjects private parties to criminal or civil sanctions, a regulation cannot be construed to mean what an agency intended but did not adequately express.”
4 later decisions quote this exact passage · from the dissent“for carrying out adjudicatory functions (of the Act).”
3 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.