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On the tech coverage podcast Moderated Content, Stanford Professors Evelyn Douek and Alex Stamos often joke that Elon Musk is his personal legislation faculty curriculum. And it’s true! From contracts, to torts, to the First Amendment, to SLAPP suits, the person is a one-man, 1L textbook on wheels.
As we speak’s Elon Lesson involves us in CivPro, and is entitled “Why Do My PACER Alerts — Okay, Effective, Courtroom Listener — Look Like That?”
As standard, this sizzling, sizzling mess arises from the Boy Genius’s skinny, skinny pores and skin. To wit, 5 SpaceX workers circulated an open letter in June of 2022 through SpaceX’s inside Microsoft Groups channel. Within the letter, which was later published by The Verge, the staff referred to as out the corporate for failing to assist variety and inclusion, in addition to excoriating Musk for his fixed loutish conduct. (Spoiler Alert: It bought loads worse.)
House X instantly fired the staff, who responded by submitting a criticism with the Nationwide Labor Relations Board (NLRB) alleging that the corporate had interfered with their proper to arrange. The NLRB investigated, sustained the criticism, and set a March 5 listening to earlier than an administrative legislation choose in California, the place the staff work and House X is headquartered.
Naturally the corporate rotated and sued the NLRB claiming that ALJs are unlawful. They usually did it in Texas.
In a single sense, suing in Texas was solely logical. In 2022, the Fifth Circuit held in Jarkesy v. SEC that ALJs are unconstitutional. The case was argued at SCOTUS in November, however in the interim, there’s a reputable declare that ALJs are unlawful within the Fifth Circuit.
However in one other, extra correct sense, there’s no earthly purpose {that a} California firm ought to have the ability to discussion board store its means into Texas in a dispute over a ruling by ALJs in California pertaining to workers who’re additionally residents of California.
This was kind of the conclusion of Choose Rolando Olvera, within the Southern District of Texas, who transferred the case to the Central District of California on February 15. However earlier than Choose Consuelo Marshall may docket it in Los Angeles, House X petitioned the Fifth Circuit on February 16 for a writ of mandamus directing Choose Olveras to request that the case be returned.
With out opining on the deserves of House X’s declare that it could be grievously injured if compelled to undergo with the March 5 NLRB listening to, the Fifth Circuit administratively stayed the switch on February 19. However because the switch was already in course of, Choose Marshall docketed the case in California on February 23.
On the twenty sixth, the Fifth Circuit put out a testy order claiming that it nonetheless retained jurisdiction over the case, thanks very a lot.
Our courtroom has not been stripped of its jurisdiction till switch has been accomplished. Switch isn’t full the second a case is electronically despatched to an out-of-circuit courtroom. Reasonably, the case have to be each despatched and docketed for a switch to be full.
The appellate panel instructed Choose Olvera to request that Choose Marshall switch the case again, and each District judges complied forthwith. This explains the state of my PACER alerts, if not what the hell this case remains to be doing in Texas.
Because the NLRB’s attorneys put it within the company’s response to the petition for mandamus:
The California workplace of a California firm fires eight workers, nearly all of them based mostly in California. The California regional workplace of the Nationwide Labor Relations Board (“NLRB”) engages in a year-long investigation, finds advantage to costs alleging that the firings have been illegal, and points an administrative criticism setting the case for a California listening to. Based on Petitioner House Exploration Applied sciences Corp. (“SpaceX”), not solely might a problem to the NLRB’s continuing be heard in Texas, however it’s “clear and indeniable” that transferring such a problem from Texas to California is impermissible. This not solely sounds mistaken, it’s mistaken. SpaceX’s venue arguments are meritless. And that’s precisely what the district courtroom concluded earlier than correctly transferring the case to the Central District of California.
Which sounds fairly convincing. However that is the Fifth Circuit so, YMMV.
In re: Space Exploration Technologies [Fifth Circuit Mandamus Docket, via Court Listener]
Space X v. NLRB [Central Dist. CA Docket, via Court Listener]
Space X v. NLRB [Southern Dist. TX Docket, via Court Listener]
Liz Dye lives in Baltimore the place she produces the Legislation and Chaos substack and podcast.
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