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FORMELLA v. U.S. DEPT. OF LABOR

No. 09-2296.

628 F.3d 381 (2010)

Donald J. FORMELLA, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, and Schnidt Cartage, Inc., Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 10, 2010.

Attorney(s) appearing for the Case

Timothy Huizenga , Attorney, Legal Assistance Foundation of Metropolitan Chicago, Peter M. Stasiewicz , Attorney (argued), Kirkland & Ellis LLP, Chicago, IL, for Petitioner.

Lauren Goodman , Attorney (argued), Department of Labor, Office of the Solicitor, Washington, DC, for Respondent.

Walter J. Liszka , Attorney, Wessels & Pautsch, Chicago, IL, for Intervening Respondent.

Before KANNE, ROVNER, and WILLIAMS, Circuit Judges.

ROVNER, Circuit Judge.

Truck driver Donald J. Formella was fired by Schnidt Cartage, Inc. ("Schnidt") after he raised safety concerns about the truck that Schnidt had assigned him to drive. Formella filed a complaint with the Department of Labor's Occupational Safety and Health Administration ("OSHA") alleging that Schnidt fired him in retaliation for his safety-related complaints, in violation of Section 405 of the Surface Transportation Assistance Act of 1982, P...

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