Circuit Split Alerter

Whether the National Labor Relations Board possesses statutory authority under 29 U.S.C. § 160(c) to award compensation for "foreseeable pecuniary harms" (so-called "Thryv remedies") as part of its make-whole relief.

Whether Reed v. Ross's second category of novelty continues to provide 'cause' to excuse a procedural default on collateral review after Bousley v. United States.

Whether § 230 of the Communications Decency Act immunizes social-media platforms from liability for harms allegedly caused by their algorithmic recommendation and amplification of third-party content.

Whether a statewide voter-registration list is a “record[] concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters” that must be disclosed under § 20507(i)(1) of the National Voter Registration Act (NVRA).

Whether a Chapter 13 debtor’s technical compliance with 11 U.S.C. §1325(b)’s disposable-income (means-test) provision prevents a bankruptcy court from denying confirmation of the plan under §1325(a)(3)’s good-faith requirement when the debtor seeks to retain luxury collateral.

Whether Amazon, acting as an online marketplace that lists and fulfills orders for third-party products, qualifies as a "seller" or "distributor" subject to strict products liability.

What is the correct standard of appellate review for a district court’s ruling that upholds the invocation of legislative privilege by state or local officials?

Whether a state may criminalize the use of recording devices while a person is trespassing on private property that is otherwise open to the public without violating the First Amendment.

Whether the ‘one central reason’ causation standard or the more lenient ‘a reason’ standard governs withholding-of-removal claims under 8 U.S.C. § 1231(b)(3)(A).

Whether a ‘lone-wolf’ bomb attack carried out after watching ISIS propaganda constitutes providing or attempting to provide “material support or resources” in the form of “personnel” or a “service” under 18 U.S.C. § 2339B when the attacker had no bilateral contact with the terrorist organization.

Whether the Ex parte Young exception to state sovereign immunity permits suits against state officials that in substance seek specific performance of a contract to which the State is a party.

Whether the Administrative Procedure Act’s “final agency action” requirement is a jurisdictional limitation on the federal courts’ subject-matter jurisdiction (as the Eleventh Circuit holds) or merely a non-jurisdictional element of a cause of action (as the D.C. Circuit holds).

Whether 18 U.S.C. § 3626(a)(2) of the Prison Litigation Reform Act allows a district court to issue successive (renewed) preliminary injunctions beyond the statute’s 90-day limit without converting the relief into final prospective relief.

Whether employer incentive/retention bonus programs like Merrill Lynch's WealthChoice Awards qualify as an "employee pension benefit plan" under ERISA or are exempt bonus plans under 29 C.F.R. § 2510.3-2(c).

Whether police may, consistent with the Fourth Amendment, automatically inquire about the presence of weapons during any traffic stop (a per-se officer-safety rule) or may do so only when the totality of circumstances creates a reasonable officer-safety concern and the inquiry does not prolong the stop.