Circuit Splits

Originally published by Jason P. Steed.

There’s a small split over whether a grand jury proceeding constitutes an ongoing state judicial proceeding of the kind required to invoke Younger. See here at p.15.

There’s a split over whether a case involving a claim of fraudulent misrepresentation or fraudulent suppression is also a case of “fraud or concealment” under § 1113 of ERISA. See here at p.16.

The circuits are split over whether courts may review Adjustment Board employment decisions on due-process grounds, in addition to the three grounds that the Railway Labor Act expressly permits. See here at p.16.

There’s a split over the meaning of “force” or “forcibly” in 18 U.S.C. § 111. See here at p.12-13.

There’s a split (apparently unacknowledged until now) over which definition of “conviction” applies for sentencing under the Guidelines, § 2L1.2(b)(1)(A). See here at p.6.

And there’s a split over whether § 7(a)(1) of the Privacy Act confers an individual right enforceable under § 1983. See here at p. 35-36 & n.5.

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

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