Fifth Circuit Panel Splits Over Application of the Party Presentation Principle in § 1292(b) Interlocutory Appeal
In Gonzalez v. CoreCivic, Inc., No. 19-50691 (5th Cir. Jan. 20, 2021), the panel—reviewing an interlocutory denial of a motion to dismiss—divides over whether to reach an issue not briefed by the parties to resolve the appeal.
The district court certified the order denying a Fed. R. Civ. P 12(b)(6) dismissal, specifying the following issue: “Whether the TVPA [the federal Trafficking Victims Protection Act of 2000] applies to work programs in federal immigration detention…