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Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools

Two circuits reach different results on standing to bring an injunctive action against the governors of states that banned local school districts from imposing COVID-19 pandemic mask-mandates for students and staff. In both cases, parents and associations challenged the state-level bans under federal statutory law: the Americans with Disabilities Act (ADA) and the Section 504Continue reading “Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools”

Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order”

In ICTSI Oregon, Inc. v. Int’l Longshore and Warehouse Union, No. 20-35818 (9th Cir. Jan. 18, 2022), the Ninth Circuit declines to accept certification of an interlocutory appeal under 28 U.S.C. § 1292(b). It holds that one question in the certified order is really just a question of fact, while the other question – whileContinue reading “Ninth Circuit Holds That Court of Appeals Could Not Extend Appellate Jurisdiction Under 28 U.S.C. § 1292(b) to Address Question of Law Not Presented in the “Four Corners of the Certified Order””

Fifth Circuit Offers Litigants A Primer About When They Need to Cross-Appeal Versus Urging Affirmance on Alternative Grounds

In Domain Protection LLC v. Sea Wasp LLC, No. 20-40411 (5th Cir. Jan 13, 2022), the panel uses the occasion of “three appeals arising from one lawsuit—one from the plaintiff, one from the defendant, one from [a] sanctioned lawyer— . . . to clarify when arguments should be made in responsive briefing and when theyContinue reading “Fifth Circuit Offers Litigants A Primer About When They Need to Cross-Appeal Versus Urging Affirmance on Alternative Grounds”

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