December 7, 2008
Split Circuits... and so Nationwide Injunction Improper?
Now here's a cool one: messy interpretations of a regulation about allowing wheelchair access to stadium style theaters. Fifth Circuit goes one way; ninth goes another, but district court in the 9th enters a nationwide injunction requiring a theater owner to comply with its interpretation. One judge dissents from the interpretation, but two judges reverse the district court for failing to grant inter-circuit comity to the more lenient Fifth Circuit interpretation. Interesting case, US v. AMC Entertainment, __ F.3d __ (9th Cir. Dec. 5, 2008). I'd never thought about the issues that a nationwide injunction could result in when you have different interpretations. I bet that issue has been overlooked, too, in litigation!
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