Fisher Phillips partners Pamela Williams and Travis Vance explore a recent blockbuster decision by the Sixth Circuit Court of Appeals, calling into question the validity of citations under the Mine Act, in their article for Rock Road Recycle. Companies with cases decided by federal Mine Safety and Health Review administrative law judges prior to April 3, 2018, that are still in the appellate process should consider asking that a new hearing be granted before a different ALJ. Decisions before April 3 that became final orders of the Commission were decisions that could have been made by illegally appointed judges. Pamela and Travis recommend that operators affected by such cases should consider adding this issue as a basis for their appeal and ask that a new hearing be granted before a different ALJ.
To read the full article, visit Rock Road Recycle.
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