We continue and hopefully will come close to finishing Courts of Appeals; if not, we will finish Tuesday. Panel IV (District Courts) should be prepared to go on Tuesday.
• As a policy matter, why are decisions about injunctions (granting or denying) immediately appealable under § 1292? Consider two examples:
• A suit seeking to enjoin enforcement of a state law prohibiting gender-affirming care to minors.
• A patent infringement suit in which the infringed company seeks to enjoin the infringer from further infringing activities.
• What mechanisms exist for review outside § 1291 and what is their source?
• What is the argument that denial of class certification (allowing a named plaintiff to sue on behalf of thousands of unnamed, similarly situated persons) should be reviewable under COD? Where does 23(f) come from and how does it reflect a response to Coopers & Lybrand?
• Consider the following two cases in district court
1) A and B v. X; A asserts one antitrust claim while B asserts one antitrust claim and one state law claim.
2) A v. X, asserting one antitrust claim. B v. X asserting one antitrust claim and one state law claim. The cases are consolidated under FRCP 42 because they share common questions of law or fact.
• What is the process and standard for mandamus? Given Marbury, how can SCOTUS issue a writ of mandamus in cases such as Cheney?
