Circuit Splits

Originally published by Jason P. Steed.

There’s a split over the proper standard for reviewing whether an undisputed set of facts constitute persecution in asylum cases. See here at p.11 n.11.

There’s a split over whether the application of the “least sophisticated consumer” test in section-1692e claims under the FDCPA is a question of law or fact. See here at p.5.

Courts are divided over Rule 60(b)(6) motions that are based on Martinez and Trevino, and whether such motions should be granted or denied. See here at p.3.

Courts have also disagreed over what RLUIPA requires when it comes to providing prisoners access to a religious diet. See here at p.4.

There’s a split over the proper causation standard for sentence enhancement under section 2L1.1(b)(7). See here at p.4.

Courts disagree about whether limiting a defendant’s ability to cross-examine cooperating co-conspirators violates the Confrontation Clause. See here at p.4 n.1.

And there’s a split over what constitutes a fiduciary for the purposes of section 523(a)(4) (in bankruptcy). See here at p.15-17.

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