Circuit Splits

There’s a split over who decides—the court or the arbitrator—whether class arbitration is available. See here at pp.8-9. There’s also a split over whether the district court can dismiss an action pending arbitration, rather than staying it. See id. at p.5 n.21.

The courts don’t agree on whether conspiracy under § 1951 of the Hobbs Act requires an overt act for conviction. See here at pp.16-17.

Circuits are split over whether settlements or stipulations of dismissal for FLSA claims require court approval. See here at p.4 n.5.

There’s a split on whether reasonable suspicion of a completed nonfelony offense can justify a Terry stop under the Fourth Amendment. See here at p.9.

Circuits are divided over whether an attorney’s time travel travel time is compensable for the prevailing party in a § 1983 case. See here at pp.9-10.

And there’s a lot of disagreement over whether “reasonable belief” and “probable cause” are basically the same thing. See here at pp.13-20.