Circuit Splits

Originally published by Jason P. Steed.

There’s a split over what exactly unauthorized access means, in violating the CFAA. See here at p.13.

There’s a split over what law applies (state or federal) in determining the validity of a contract’s forum-selection clause. See here at p.5.

There’s an intra-circuit split in the Sixth Circuit, as well as a split across circuits, over the proper standard of review for Rule 404(b) evidence. See here at p.14 & n.4.

Circuits disagree over whether an ADEA plaintiff must “reasonably pursue,” “complete,” or merely “start” the administrative process, to “exhaust” administrative remedies before filing suit. See here at p.9.

There’s a split over whether the probate exception, which applies to diversity jurisdiction, also applies to federal-question jurisdiction. See here at p.3-4.

There’s a split over whether an arbitration agreement may require the resolution of labor disputes on an individual basis (i.e., no class arbitration). See here at p.20-21.

Circuits disagree over “whether the rationale of Martinez/Trevino extends to ineffective assistance of direct appeal counsel.” See here at p.10-11.

And there’s a split over whether independently exculpatory Brady material must be disclosed before a plea. See here at p.7-8.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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