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TRUCKING v. DIRECTOR, OFFICE OF WORKERS' COMP.

Nos. 20-3329 3331 3332.

987 F.3d 581 (2021)

JOSEPH FORRESTER TRUCKING; American Resources Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Arthur Davis, Respondents. H & P Coal Company, Inc.; American Resources Insurance Company, Petitioners, v. Director, Office of Workers' Compensation Programs, United States Department of Labor; Cecil Mae Mabe, on behalf of the Estate of Bill Wayne Mabe, Respondents. Lockworth, Inc.; American Resources Insurance Company, Petitioners, v. Director, Office of Workers' Compensation Programs, United States Department of Labor; Loyal E. Tackett, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 4, 2021.

Attorney(s) appearing for the Case

ARGUED: Mark E. Solomons , GREENBERG TRAURIG LLP, Washington, D.C., for Petitioners. William M. Bush , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. Evan B. Smith , APPALRED LEGAL AID, Prestonsburg, Kentucky, for Respondent Mabe. ON BRIEF: Mark E. Solomons , Laura Metcoff Klaus , GREENBERG TRAURIG LLP, Washington, D.C., for Petitioners. William M. Bush , Gary K. Stearman , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. Evan B. Smith , APPALRED LEGAL AID, Prestonsburg, Kentucky, for Respondent Mabe. Jacob Thomas Moak , MOAK & NUNNERY, P.S.C., Prestonsburg, Kentucky, for Respondent Davis. Joseph E. Wolfe , Victoria S. Herman , WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondent Tackett.

Before: KETHLEDGE, THAPAR, and READLER, Circuit Judges.

OPINION

In Lucia v. SEC, the Supreme Court held that administrative law judges (ALJs) at the Securities Exchange Commission are "Officers of the United States" for purposes of the Appointments Clause in Article II of the Constitution. ___ U.S. ___, 138 S.Ct. 2044...

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