Circuit Splits Reported in U.S. Law Week—May 2021

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

Civil Procedure

Case:

Shipley v. Helping Hands Therapy, 2021 BL 168537 (Article)

Issue:

Does a district court exceed its statutory authority by remanding a case based on a procedural removal defect that was raised after the 30-day period for challenging the removal has run when the plaintiff’s original motion to remand was timely? The Eleventh Circuit joins the Ninth Circuit saying yes, but the Fifth Circuit says no.

Consumer Protection

Case:

Cranor v. 5 Star Nutrition, 2021 BL 196847 (Article)

Issue:

Is a single ...