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Excel Modular Scaffold & Leasing Company, dba Excel Scaffold & Leasing v. Occupational Safety and Health Review Commission, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-60067 · judgment November 26, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Did the United States Court of Appeals for the Fifth Circuit and the Administrative Law Judge (“ALJ”) err in ruling that Excel Modular Scaffold & Leasing Company d/b/a Excel Scaffold & Leasing Excel (“Excel”) abandoned or waived its affirmative defense based upon the impossibility or infeasibility of compliance with the standard set forth in 29 C.F.R 1926.106(d)? II. Did the Fifth Circuit and the ALJ err in ruling, in the alternative, that even if Excel did not abandon its affirmative defense of impossibility or infeasibility of compliance, such defense failed on the merits?

Counsel of record

For petitioner
Richard Anthony Sheehy
Sheehy, Ware, Pappas & Grubbs

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 29 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jul 23 2020
    Waiver of right of respondent Occupational Safety and Health Review Commission, et al. to respond filed.
  4. Jun 26 2020
    Petition for a writ of certiorari filed. (Response due July 31, 2020)