P. Gioioso & Sons v. Occupational Safety and Health Review Commission

115 F.3d 100 (1997)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

P. Gioioso & Sons v. Occupational Safety and Health Review Commission

United States Court of Appeals for the First Circuit
115 F.3d 100 (1997)

Facts

P. Gioioso & Sons, Inc. (Gioioso) (plaintiff) was a construction contractor. The Occupational Safety and Health Administration (OSHA) cited Gioioso for three violations of safety rules involving a trench in which Gioioso’s employees were working while laying water lines along a roadway. Gioioso filed a notice of contest and moved for the disqualification of the administrative-law judge (ALJ) on the grounds that the ALJ had been the prosecutor in a similar case against Gioioso several years earlier. The ALJ denied the motion and ruled in favor of OSHA on the substance of the violations. Gioioso then filed a petition for discretionary review with the Occupational Safety and Health Review Commission (commission) (defendant). The petition raised three issues for review and did not mention the motion to disqualify the ALJ except for a brief reference in a footnote in the context of providing information to support another argument. The commission did not act on the petition for review, and the ALJ’s ruling became final. Gioioso then sought judicial review. In presenting its case to the court, Gioioso raised the three issues that were presented to the commission and three additional issues, including whether the ALJ should have recused himself.

Rule of Law

Issue

Holding and Reasoning (Selya, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership