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1 1 (October 4, 2024)

handle is hein.crs/goveqwi0001 and id is 1 raw text is: Congressional Court Watcher: Circuit Splits from September 2024 October 4, 2024 The U.S. Courts of Appeals for the 13 circuits issue thousands of precedential decisions each year. Because relatively few of these decisions are ultimately reviewed by the Supreme Court, the U.S. Courts of Appeals are often the last word on consequential legal questions. The federal appellate courts sometimes reach different conclusions on the same issue of federal law, causing a split among the circuits that leads to the nonuniform application of federal law among similarly situated litigants. This Legal Sidebar discusses circuit splits that emerged or widened following decisions from the last month on matters relevant to Congress. The Sidebar does not address every circuit split that developed or widened during this period. Selected cases typically involve judicial disagreement over the interpretation or validity of federal statutes and regulations, or constitutional issues relevant to Congress's lawmaking and oversight functions. The Sidebar only includes cases in which an appellate court's controlling opinion recognizes a split among the circuits on a key legal issue resolved in the opinion. Some cases identified in this Sidebar, or the legal questions they address, are examined in other CRS general distribution products. Members of Congress and congressional staff may click here to subscribe to the CRS Legal Update and receive regular notifications of new products and upcoming seminars by CRS attorneys. * Civil Procedure: Sitting en banc, the Ninth Circuit overruled prior circuit precedent and held that the False Claims Act's (FCA's) first-to-file rule, which bars a private entity from either intervening in or bringing a related action based on the facts of a pending FCA case, is not jurisdictional in nature. This means, among other things, that a litigant who did not timely invoke the first-to-file rule would likely forfeit the ability to raise it on appeal. The Ninth Circuit's decision is consistent with the position taken by four other circuits, but splits with the Fourth, Fifth, and Tenth Circuits, which held the rule is jurisdictional (Stein v. Kaiser Found. Health Plan, Inc.). * Civil Rights: A Ninth Circuit panel upheld a lower court's ruling granting a preliminary injunction blocking Arizona from enforcing against the plaintiffs an Arizona law barring transgender girls from playing on girls' interscholastic or intramural sports teams. The Congressional Research Service https://crsreports.congress.gov LSB11238 CRS Legal Sidebar Prepared for Members and Committees of Congress

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