Venues

Several matters involving inter-circuit venue transfers are ongoing:

• In a dispute between SpaceX and the NLRB, the Fifth Circuit is considering whether to review a transfer order en banc. The panel recently issued this unusual order asking the NLRB’s counsel to explain several actions taken earlier in the proceedings.
• In a dispute involving the CFTC, the District of the District of Columbia has received the district court’s request to return the case, and is receiving briefing and argument from the parties about the appropriate next step.
• In another dispute involving the CFPB, the Fifth Circuit has administratively stayed a transfer order and referred the matter to the next available argument panel.