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Fourth Circuit Grants Mandamus Holding That Express Scripts Is Entitled to a Jury Trial on a Government Action for Public Nuisance That Seeks to Create an “Abatement Fund”

In In re Express Scripts, Inc., No. 25-2281 (4th Cir. May 15, 2026), the Fourth Circuit grants mandamus to direct that defendant Express Scripts get a jury trial in a public nuisance lawsuit, because at least one remedy sought—an abatement fund for drug rehabilitation—is a classically legal remedy, covered by the Seventh Amendment. “In this…

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Plaintiffs Who Plead That Session Replay Code Embedded in Retail Websites Captured Personally Identifying Information Alleged an Injury in Fact for Article III Standing Purposes, Holds Third Circuit

In In re BPS Direct, LLC; Cabela’s, LLC Wiretapping Litig., No. 23-3235 (3d Cir. May 11, 2026), the Third Circuit holds that customers whose allege that their visits to retail websites were surreptitiously captured by session replay code (SRC), which thereby saved their personally identifying information, plead a sufficient injury-in-fact under Article III standing to…

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Split Seventh Circuit Panel Holds That Government Waived Argument for Limitation on Injunctive Relief in 8 U.S.C. § 1252(f)(1), Interpreting That Section as Non-Jurisdictional

In Castañon-Nava v. U.S. Dep’t of Homeland Security, No. 25-3050 (7th Cir. May 5, 2026), a divided panel (with a concurrence in the judgment and a dissent) holds that 8 U.S.C. § 1252(f)(1) of the Immigration and Naturalization Act, which governs judicial review of orders of removal, is a limitation on relief rather than on federal…

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