Excel Modular Scaffold & Leasing Company, dba Excel Scaffold & Leasing v. Occupational Safety and Health Review Commission, et al.
Securities
Did the United States Court of Appeals for the Fifth Circuit and the Administrative Law Judge (ALJ) err in ruling that Excel Modular Scaffold & Leasing Company d/b/a Excel Scaffold & Leasing Excel ("Excel") abandoned or waived its affirmative defense based upon the impossibility or infeasibility of compliance with the standard set forth in 29 C.F.R 1926.106(d)?"
QUESTION PRESENTED L Did the United States Court of Appeals for the Fifth Circuit and the Administrative Law Judge (“ALJ”) err in ruling that Excel Modular Scaffold & Leasing Company d/b/a Excel Scaffold & Leasing Excel (“Excel”) abandoned or waived its affirmative defense based upon the impossibility or infeasibility of compliance with the standard set forth in 29 C.F.R 1926.106(d)? Il. Did the Fifth Circuit and the ALJ err in ruling, in the alternative, that even if Excel did not abandon its affirmative defense of impossibility or infeasibility of compliance, such defense failed on the merits? il