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You can count on First Circuit Judge Juan R. Torruella's foreshadowing of the denial of rehearing en banc in Cerqueira v. American Airlines, Inc.

You can count on First Circuit Judge Juan R. Torruella's foreshadowing of the denial of rehearing en banc in Cerqueira v. American Airlines, Inc.: One week ago yesterday, the U.S. Court of Appeals for the First Circuit issued an en banc ruling in a federal sentencing case. As I noted in this post that evening, Judge Torruella's dissent from the en banc ruling in the sentencing case cited to his separate dissent from the denial of rehearing en banc in the Cerqueira case.

That was unusual, however, because the First Circuit had not yet denied rehearing en banc in the Cerqueira case. Today, however, the First Circuit did formally issue its denial of rehearing en banc in Cerqueira and, no surprise, it includes a dissent from the denial of rehearing en banc that Judge Torruella wrote. The vote on whether to grant rehearing en banc was 3-2 against. My original coverage of the three-judge panel's ruling in Cerqueira appeared at this link.

Full post as published by How Appealing on February 29, 2008 (boomark / email).