Federal Judiciary

In re VW en banc - update

By Michael Smith

The official order setting In re VW for en banc rehearing came out today, and I realized I forgot to point out one effect of the grant of rehearing en banc in my post yesterday - as the court's letter to counsel today stated "[u]nder Fifth Circuit Local Rule 41.3 this order vacates the previous opinion order and judgment of this court and stays the mandate."  (My emphasis). 
So, like the first panel's opinion denying the petition for mandamus, In re Volkswagen of America Inc., 223 Fed.Appx. 305, 2007 WL 504942 (5th Cir. Feb. 13, 2007 (NO. 07-40058), the second panel's opinion granting the petition for mandamus, In re Volkswagen of America, Inc., 506 F.3d 376 (5th Cir.2007) has now been vacated.  Westlaw doesn't reflect this yet, but I assume it shortly will.
Best of three, anyone?

Full post as published by Eastern District of Texas Federal Court Practice on February 15, 2008 (boomark / email).