Short Circuit 443 | Irreparable Speech Harms

In our #12Months12Circuits series a nation turns its lonely eyes to the heartland. The true middle of America. The Eighth Circuit. We’re joined by true Eighth Circuit expert Aaron Van Oort, who has argued twenty-five times before that court and been a part of many other appeals. Aaron, who is based in Minneapolis, offers his advice about what makes the circuit stand out and where it’s going. He’s joined in that endeavor by IJ’s Sam Gedge, who clerked on the Eighth. Then, after some fun Eighth Circuit Facts we turn to a couple of the court’s recent rulings. Aaron discusses a recent matter he argued about noncompete contracts and financial advisors. The ruling came down to what “irreparable harm” means. As he explains, it’s important to understand that “irreparable” does not necessarily mean “irrevocable.” He also briefly shifts focus to the Seventh Circuit and shares a bit about how his old boss Judge Posner used to write opinions. Then, Sam brings us back to the Eighth and a free speech lawsuit challenging an Iowa law barring residential contractors from talking to insurance companies. What is “speech,” what is “conduct,” and what scrutiny should a court apply in a case like this are all strictly on the table.

Choreo v. Lors

Shamrock Hills v. Iowa

NIFLA v. Becerra