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Fones4All Corp. v. FCC (9th Cir. - April 7, 2009)

By Shaun Martin

"Notwithstanding your claim that there's an intercircuit conflict, not a single judge -- and we've got a lot of them -- has voted in favor of your petition for rehearing or requested a rehearing en banc. We know your next step will be to file a petition for certiorari in the Supreme Court that raises the same 'intercircuit conflict' argument you raised here. So we're amending the opinion and adding two pages to preempt and respond to that claim. Good luck getting certiorari at this point."

Judge Schroeder says it much more nicely than that, but with the same basic message.

Full post as published by California Appellate Report on April 07, 2009 (boomark / email).