Osh Oshd General Dynamics Corporation Quincy Shipbuilding Division v. Occupational Safety and Health Review Commission’s Empirical Analysis
599 F.2d 453 · 1979
Citation profile
30 federal appellate · 1 district · 15 state decisions
How this case has been cited
Cited by 79 later decisions (1 by the Supreme Court) — most recently February 2022 · most notably United Steelworkers of America AFL-CIO, Local 2610 v. Bethlehem Steel Corp. (1984), L. E. Myers Co. v. Secretary of Labor (1987)
30 federal appellate · 1 district · 15 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 Houltin v. United States · Rich v. United States · National Realty & Construction Co. v. Occupational Safety & Health Review Commission · 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 · Brennan v. Gilles & Cotting, Inc.
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(s)uch a standard would allow an entire industry to avoid liability by maintaining inadequate safety . . . .”
5 later decisions quote this exact passage · from the majority““the credibility findings of the person who sees and hears the witnesses — be he ALJ, juror or judge — is entitled to considerable deference. While the degree of deference due the AU’s final decision is related to the importance of credibility in a particular case, the ALJ’s decision to give or deny credit to a particular witness’ testimony should not be reversed absent an adequate explanation of the grounds for the reviewing body’s source of disagreement with the ALJ.””
4 later decisions quote this exact passage · from the majority“(t)here may . . . be instances where industry practice fails to take reasonable precautions against hazards generally known in the industry; in such event it may not be unfair to hold the employer to a standard higher than that of actual practice.”
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.