On October 15, 2024, the Third Circuit affirmed the dismissal of a suit by two former Exxon employees to enforce a preliminary order by OSHA. The decision was a victory for WLF, which joined the U.S. Chamber of Commerce, the Association of American Railroads, and the National Manufacturers Association on an amicus brief drafted by David Morrell, Jacqueline Holmes, and Ryan Proctor of Jones Day. The Third Circuit held that the district court lacked Article III jurisdiction to act on non-final orders from dismissed administrative proceedings.
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