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1 1 (December 9, 2024)

handle is hein.crs/goverpa0001 and id is 1 raw text is: Congressional Court Watcher: Circuit Splits from November 2024 December 9, 2024 The U.S. Courts of Appeals for the thirteen 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 non-uniforn 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 where 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 CRSLegal Update and receive regular notifications ofnew products and upcoming seminars by CRS attorneys. * Arbitration: The Tenth Circuit affirmed the lower court's decision that a Colorado distributor of baked goods produced by an out-of-state retailer fell under the exemption from the Federal Arbitration Act (FAA) for transportation workers engaged in foreign or interstate commerce, meaning that the arbitration clause in the agreement between the distributor and retailer was not enforceable under the FAA. Examining both federal caselaw and the particular business relationship between the defendant and plaintiff, the panel concluded that the distributor fell under the exemption because it was involved in the final, intrastate leg of an interstate delivery route on behalf of the retailer. The panel noted its disagreement with the approach taken by the Fifth Circuit, which has held that last-mile delivery drivers whose routes are entirely in-state do not fall under the FAAexemption (Brockv. Flowers Foods, Inc.). * Criminal Law & Procedure: The Third Circuit affirned a lower court's decision that a prisoner had not shown extraordinary and compelling reasons to warrant a sentencing Congressional Research Service https://crsreports.congress.gov LSB11250 CRS Legal Sidebar Prepared for Members and Committees of Congress

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