FLOWER WORLD, INC. v. SACKS

No. 21-35641.

43 F.4th 1224 (2022)

FLOWER WORLD, INC., Plaintiff-Appellant, v. Joel SACKS, Director of the Washington Department of Labor and Industries; Craig Blackwood, Acting Assistant Director of the Washington Department of Labor and Industries, in their personal capacities; Doe, through X, in their official capacities as employees of the Washington Department of Labor and Industries, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 2022.


Attorney(s) appearing for the Case

Richard M. Stephens (argued), Stephens & Klinge LLP, Bellevue, Washington, for Plaintiff-Appellant.

Anastasia R. Sandstrom (argued), Senior Counsel; Sarah Kortokrax , Assistant Attorney General; Robert W. Ferguson , Attorney General; Attorney General's Office, Seattle, Washington; for Defendants-Appellees.

Before: Sandra S. Ikuta and Eric D. Miller, Circuit Judges, and Dean D. Pregerson, District Judge.


OPINION

This cases raises the question whether certain mandates issued by the Governor of Washington to address the public health crisis caused by the spread of coronavirus (COVID-19) are preempted by the Occupational Safety and Health Act (OSH Act). We hold that the mandates at issue are not preempted by the OSH...

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