Claim OwnershipRiding the Circuit
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© 2024 Riding the Circuit
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A regular overview of the federal courts of appeals.
27 Episodes
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Can homeless people in Denver sue for having their encampments "swept" by the government even after previously settling the issue in a prior lawsuit? Can Florida enforce its new law banning social media companies from regulating speech on their platforms? And do blood plasma companies have standing to bring a lawsuit challenging the Customs and Border Patrol agency's decision to stop allowing Mexican migrants from donating blood plasma on B-1 visas?
When can parents sue under Title IX for sex discrimination when their child was abused by a school faculty member? Can the court enjoin parties from pursuing a patent application where they signed a contract assigning their inventions to a third party? And does government collection of location tracking data on Los Angeles scooters violate the Fourth Amendment?
Does an employee misappropriate trade secrets from a previous employer by using the previous employer's materials as a work sample for a job interview? Did the Fifth Circuit really just blow up the entire administrative state? And when does a legislator have absolute immunity for disciplinary actions taken against another legislator?
Do racehorse jockeys collectively bargaining for higher wages violate antitrust law, and can a court order them to work against their will? Do fantasy baseball owners have a fraud claim against Major League Baseball based on the sign-stealing scandal that rocked the sport several years ago? And can two hospitals in New Jersey merge without accumulating market power that is too concentrated to allow the merger?
Does a bread company deceive customers by claiming a product is local when it's actually made in another state? Does a disabled "tester" have standing to sue a hotel owner for maintaining a website that violates the Americans with Disabilities Act if she has no intention to ever visit that hotel? And do George Washington and American Universities have to refund tuition to students because they moved classes online during COVID-19?
Who picks up the bill for the legal fallout from the Larry Nassar abuse scandal? Did police use excessive force at the Standing Rock protests? And can Twitter sue the attorney general of Texas for a First Amendment violation related to a retaliatory investigation into Twitter's decision to ban President Trump from the service?
The Supreme Court intervenes in the Navy Seals religious freedom case we covered in the last episode. I provide quick thoughts on the Court's order, Justice Kavanaugh's concurrence with that order, and Justice Alito's dissent.
Can South Carolina terminate its Medicaid provider agreement with Planned Parenthood? Can the Navy require COVID-19 vaccinations without providing a meaningful religious exemption? And can a police officer shoot a mentally ill man nine times for walking towards him without responding to commands?
When can the federal government pursue charges against marijuana sellers who exceed the scope of their state's medical marijuana laws? Can the ACLU successfully declassify a report on torture of oversees detainees where the CIA wants to keep the report classified? And does a prisoner have a remedy when he is falsely branded as a sex offender?
Should a court case claiming damages caused by climate change proceed in state or federal court? Does a police officer waive a winning argument by completely failing to make it on appeal? And does the Republic of Iraq have immunity from a lawsuit for failing to pay invoices on a defense contract?
Can Yelp reviewers face a lawsuit for defamation under Illinois law based on their negative reviews of a business? Can Iowa pass a ban on mask mandates in schools? And does the City of Oakland's passage of a law forcing landlords to pay tenants' relocation expenses trigger the Takings Clause of the Fifth Amendment?
Can South Carolina ban schools from imposing mask mandates on their students? Does Louisiana have sovereign immunity from Planned Parenthood's suit seeking the right to perform abortions in the state? And can President Biden mandate vaccines for workers at federal contractors?
Does a union violate RICO by engaging in an aggressive ad and regulatory campaign, and by possibly vandalizing the facilities of its corresponding business?
Was there an international conspiracy to fix the LIBOR metric? Who has standing to find out? And can a disabled woman secure disability benefits in the face of a mountain of bureaucracy?
Can a court prevent a company from dispersing its assets while litigation is pending under Massachusetts law? And did a company have sufficient intent to defraud to support a securities law claim where it put out statements that an upcoming product was important to its economic future, and the product allegedly didn't work at all?
Does Donald Trump have the right to claim executive privilege over documents related to the January 6 attacks? Can TSA mandate masks at airports? And does a family who believes it has been placed on a terrorist watch list have standing to sue based on planned future air travel?
Does a federal vaccine mandate for hospitals who provide services to Medicare and Medicaid patients violate the law? Who gets to decide? Does a police officer violate clearly established Fourth Amendment rights when he elbows a defenseless prisoner in the face without provocation? And is it an adverse employment action under Title VII to put the director of an organization on paid leave while investigating allegations of misconduct?
Do laws against panhandling at freeway intersections violate the First Amendment? Can anyone sue to challenge the constitutionality of the Colorado Taxpayer Bill of Rights? And does it violate Title VII to fire an employee who reported racial slurs directed against foreign employees?
Does a water district violate the Fair Housing Act when it imposes higher security deposits on people of color and single mothers than everyone else? Did the NFL commit an antitrust violation when the Oakland Raiders moved to Las Vegas? And did police violate a journalist's First Amendment rights when they threatened to arrest him for interviewing protesters?
Can a fired administrative law judge support a claim for retaliation where she gave public comments criticizing her boss but also was caught committing insurance fraud at roughly the same time? Can a police sheriff fire his subordinates for campaigning against him in an election? And can a police officer dodge a lawsuit on qualified immunity grounds after he shot two family dogs allegedly without provocation?
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