Analyze the case of SeaWorld of Florida v. Perez, 2014 U.S. App. LEXIS 6660 (D.C. Cir.) located in your textbook on pp. 559-564, including the opinion of Judge Rodgers as well as the dissenting opinion of Judge (now-Supreme Court Justice) Brett Kavanaugh.
Write a case study review of the court’s opinion that answers the questions below. Support your review with analysis and evidence from the unit reading and outside sources.
What are the legal issues enforced by the Occupational Safety and Health Administration (OSHA) and presented in this case? How did the plaintiff establish a valid violation under the General Duty Clause of the OSH Act? Explain how the elements of a valid claim were satisfied under the OSH Act.
How does OSHA enforce workplace safety and health standards?
Do you agree with the court’s decision? Should or could SeaWorld have done more to abate the hazard? Support your position.
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