Court Case 1
R. Williams Construction Co. v. OSHRC
464 F.3d 1060 (9th Cir. 2006)
1.What was the legal issue in this case? What did the court decide?
2.What exactly did the employer do or fail to do that violated the OSH act?
3.Why was it “unavailing for Williams to argue that employees must take greater care to avoid placing themselves in harm’s way”? What role, if any, should employee’s actions have in determining liability under the OSH act?
4.Ultimately, these violations that caused, or at least contributed to, the death of an employee and serious injuries to another resulted in a $22,000 fine for the employer. Is that a just outcome? Are the penalties for violations of OSHA standards sufficient?
Court case 2
Dietz v. Finlay Fine Jewerlry
754 N. E. 2d 958 (Ind. App. 2001)
1.What were the legal issues in this case? What did the court decide?
2.What was the basis of Dietz’s privacy tort claim? Her infliction of emotional distress claim? Why were they rejected?
3.What was the basis of her false imprisonment claim? Her defamation claim? Why was she allowed to go to trail on them? Is she likely to prevail at trail?
4.What, if anything, should this employer has done differently?