Abril-Rivera v. Johnson, 806 F.3d 599 (2015)

Citation: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Parent Document: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-17
Original Source: https://www.courtlistener.com/opinion/3155371/abril-rivera-v-johnson/ ↗

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1    Plaintiffs state that the FEMA administrative judge
overseeing the class complaint ordered certain plaintiffs "to
individually re-file their [pay] claims, which they did later on."
However, plaintiffs point to no evidence that the plaintiffs did
in fact re-file any claims after May 2007.
     2    29 C.F.R. § 1960.25(c) requires annual inspections of
federal workplaces "to ensure the identification and abatement of
hazardous conditions." The PR-NPSC had not been inspected on an
annual basis between 2003 and 2007, and the record contains no
explanation for this failure. There is no claim, however, that
the other NPSCs have not been similarly inspected. Indeed, the
Maryland NPSC was inspected in May 2008, the Virginia NPSC in June
2008, and the Texas NPSC in April 2009.

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