Circuit Splits Reported in U.S. Law Week—August 2022

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

Civil Procedure

Case:

CoreCivic Inc. v. Candide Grp. LLC, 2022 BL 304323 (Article)

Isssue:

Do state anti-SLAPP statutes apply in federal court? The Ninth Circuit joins the First Circuit saying that they do. But the Second, Fifth, Tenth, Eleventh, and D.C. circuits disagree.

Consumer Protection

Case:

Kirtz v. Trans Union LLC, 2022 BL 296055 (Article)

Issue:

Does the Fair Credit Reporting Act’s civil liability provision unambiguously waive the government’s sovereign immunity? The Third Circuit joins the D.C. and Seventh circuits, saying it does. The ...