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En Banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a case by all the judges of a court. Appellate courts in the United States sometimes grant rehearing en banc to reconsider a decision of a panel of the court (a panel generally consisting of only three judges) where the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing en banc as an initial matter, instead of the panel hearing it first.
Some appellate courts, such as the Supreme Court of the United States and the highest courts of most U.S. states, do not sit in panels, but hear substantially all of their cases en banc (with the exception of cases where a judge is ill or recused).
"Although I have been on the short end of en banc votes before, this is the first time in sixteen years on the bench that I have written, or even joined, a dissent from the denial of rehearing en banc."
"Although I have been on the short end of en banc votes before, this is the first time in sixteen years on the bench that I have written, or even joined, a dissent from the denial of rehearing en banc...
Can you dissent from the denial of rehearing en banc if you're a senior status circuit judge who thus can't vote in favor of rehearing en banc?
Can you dissent from the denial of rehearing en banc if you're a senior status circuit judge who thus can't vote in favor of rehearing en banc? Apparently the answer is "yes" in the Sixth Circuit, as evidenced by the senior status of the author of this dissent from the denial of rehearing en banc issued today...
Take It To The Banc
United States v. Cavera, No. 05-4591-cr (2d Cir. December 4, 2008) (en banc)Gerard Cavera pled guilty to participating in a scheme in which guns were purchased in the South then transported to New York City for sale...
In re VW en banc - update
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...
In re Volkswagen en banc
There was an auto accident in Dallas; plaintiffs sued Volkswagen in Marshall, Texas, in the notoriously plaintiff-friendly Eastern District of Texas, which has a hugely abnormal number of product liability cases--17% of all federal automobile product liability lawsuits in the...
Roommates.com: reh?g en banc granted!
Yesterday, the Ninth Circuit granted rehearing en banc in the Roommates.com case, which I expressed my concerns about here...
















