Circuit Splits Reported in U.S. Law Week—April 2023

U.S. Law Week summarizes selected splits among U.S. federal courts of appeals each month.

Class Actions

Case:

In re White, 2023 BL 112657 (Article)

Issue:

Should courts adopt a categorical rule against fail-safe classes that include only members whose underlying claims are valid? The D.C. Circuit joins the Fifth Circuit, rejecting the rule. Eight other circuits have adopted it.

Criminal Law

Case:

United States v. Hollingsworth, 2023 BL 113155 (Article)

Issue:

Is a supervised release condition that allows a probation officer to decide whether a parolee must tell third parties that he is a risk to them an ...