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CATERPILLAR LOGISTICS, INC. v. PEREZ

No. 13-1106.

737 F.3d 1117 (2013)

CATERPILLAR LOGISTICS, INC., Petitioner, v. Thomas E. PEREZ, Secretary of Labor, Respondent, and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 12, 2013.

Attorney(s) appearing for the Case

Brent I. Clark , Seyfarth Shaw LLP, Chicago, IL, for Petitioner.

Allen H. Bean , Department of Labor Office of the Solicitor. Chicago, IL, Ray Darling, Jr. , Occupational Safety & Health Review Commission, Washington, DC, for Respondent.

Stephen A. Yokich , Cornfield & Feldman Chicago, IL, for Intervening Respondent.

Before BAUER and EASTERBROOK, Circuit Judges, and CHANG, District Judge.

EASTERBROOK Circuit Judge.

The first time this case was here, we held that an administrative law judge erred by failing to consider evidence undermining the view espoused by the expert whose testimony the ALJ accepted. We remanded so that this evidence could be addressed. Caterpillar Logistics Services, Inc. v. Solis, 674 F.3d 705 (7th Cir.2012). On remand, the ALJ again held that Caterpillar Logistics must pay a penalty for...

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