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Litigation

: How Appealing

The case may be cert.-worthy, but that doesn't make it worthy of en banc review from the U.S. Court of Appeals for the Second Circuit

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The case may be cert.-worthy, but that doesn't make it worthy of en banc review from the U.S. Court of Appeals for the Second Circuit: The Second Circuit -- which stubbornly clings to the now superseded "in banc" terminology -- today has issued yet another decision demonstrating just how difficult it is to obtain en banc review from that court. The vote on whether to grant en banc review in this particular case was 7-6. Today's order is accompanied by two opinions concurring in the denial of en banc review and one opinion dissenting from it. The order also notes that additional concurring or dissenting opinions may yet be filed.

Full post as published by How Appealing on June 12, 2008 (boomark / email).

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