Blog

Split Eleventh Circuit Panel Holds That Local School Board’s Decisions to Remove Specific Books from the School Library Are Not Covered by Legislative Privilege

In Pen American Center, Inc. v. Bergosh, No. 25-13298 (11th Cir. Oct. 19, 2026), a 2-1 panel holds that school board members could be compelled to testify about why they determined to remove certain titles from the school library, over a legislative-privilege objection. Judge William Pryor dissents. Plaintiffs (including a free-speech advocacy group, parents in…

pwmollica1961's avatar by pwmollica1961

District Court Erred Under Fed. R. Civ. P. 15(b) in Conforming Pleadings to Trial Evidence to Allow an Unpled Claim of Retaliation to Go to the Jury, First Circuit Holds

In DiFronzo v. City of Somerville, No. 25-1210 (1st Cir. Sept. 21, 2026), the First Circuit reverses in part a judgment in favor of the plaintiff in a First Amendment retaliation case, holding that one of the plaintiff’s theories at trial—that he was placed on forced leave after being reinstated—was neither pled nor consented to…

pwmollica1961's avatar by pwmollica1961

Archives:

Follow My Blog

Get new content delivered directly to your inbox.