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SEAWORLD OF FLORIDA, LLC v. PEREZ

No. 12-1375.

748 F.3d 1202 (2014)

SEAWORLD OF FLORIDA, LLC, Petitioner v. Thomas E. PEREZ, Secretary, United States Department of Labor, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 2014.

Attorney(s) appearing for the Case

Eugene Scalia argued the cause for petitioner. With him on the briefs were Baruch A. Fellner and Daniel P. Rathbun.

Amy S. Tryon, Attorney, U.S. Department of Labor, argued the cause for respondent. With her on the brief were Joseph M. Woodward, Associate Solicitor, Charles F. James, Counsel for Appellate Litigation, and Kristen M. Lindberg, Attorney.

Dissenting Opinion by Circuit Judge KAVANAUGH.

ROGERS, Circuit Judge:

SeaWorld of Florida, LLC, operates a theme park in Orlando, Florida, that is designed to entertain and educate paying customers by displaying and studying marine animals. Following the death of one of SeaWorld's trainers while working in close contact with a killer whale during a performance, the Occupational Safety and Health Review Commission found that SeaWorld had violated the general duty clause...

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