Nyffeler Construction, Inc. v. Secretary of Labor, et al., No. 13-1933 (8th Cir. 2014)
Annotate this CaseNyffeler, a residential construction company, petitioned for review of an adverse agency decision by the Review Commission. The court concluded that the petition was untimely and the district court never had authority to transfer the case to this court pursuant to 28 U.S.C. 1631. Therefore, the court concluded that it had no jurisdiction and dismissed the petition for want of jurisdiction.
Court Description: Petition for Review - OSHA. Petitioner's petition for review was untimely and the case must be dismissed for lack of jurisdiction; a hearing panel of this court to whom the entire case has been referred for disposition is free to revisit a motion to dismiss for lack of jurisdiction even though an administrative panel of the court has previously denied the motion.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.