Circuit Splits

Originally published by Jason P. Steed.

There’s a split over who has the burden to establish whether a contractual jury waiver was knowing and voluntary. See here at p.27.

There’s a split over whether the statute of limitations in section 7703(b)(2) is jurisdictional (i.e., does it deprive courts of jurisdiction to review MSPB decisions). See here at p.12.

Courts disagree about whether a criminal defendant’s identity can be suppressed under the Fourth Amendment’s exclusion remedy. See here at p.14.

There’s a split over whether federal or state law should be applied to determine the validity of a forum-selection clause. See here at p.4-5.

There’s a split over whether an ALJ must examine conflicts between the Dictionary of Occupational Titles and a vocational expert’s testimony, even if no party identifies a conflict during administrative hearings. See here at p.15 n.8.

And there’s an intra-circuit split among district courts in the Fifth Circuit, over whether pro se litigants can be subject to sanctions under section 1927. (The majority says no.) See here at p.4.

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