Nine-judge panel will hear Nacchio appeal Jul 31, 2008
The panel concluded that the trial was unfair, and we expect the en banc court to agree, she wrote. The appeals court asked that each side file new arguments about Fischel s exclusion within 60 days. (Denver Business Journal, CO)
Court to Review Overturning of Nacchio Conviction Jul 31, 2008
"The panel concluded that the trial was unfair and we expect the en banc court to agree.". 1. (ABC News -- Wire)
3rd Circuit Strikes Down Law Criminalizing Sale of Animal Cruelty Depictions Jul 22, 2008
A federal law that has been struck down as unconstitutional by an en banc panel of the 3rd U.S. Circuit Court of Appeals in a decision that overturned the conviction of a man who sold videos of dog fights -- the first prosecution in the nation under the 1999 law ... Instead, court records show that the 3rd Circuit voted internally in May 2007 to have the case reargued en banc. (Law.com)
3rd Circuit Upholds Removal of Christian Protesters at Gay Pride Event Jul 17, 2008
Hoppe said no decision has yet been made about whether to pursue the case further, either by seeking an en banc reargument before the 3rd Circuit or petitioning the U.S. Supreme Court. Attorney Jeremy D. Frey of , who argued the case on behalf of the OutFest organizers, said the ruling was an important one because "it helps define the First Amendment rights of permit holders to express their message without disruption or interference from others.". (Law.com)
9th Circuit Unexpectedly Splits Over Strip Search of Student Jul 15, 2008
But the two found themselves in the majority on a 6-5 en banc opinion Friday, ruling that the strip search of a 13-year-old girl at school was unconstitutional ... Judge Sidney Thomas wrote an impassioned dissent, and even though he didn't wind up on the en banc panel, his colleagues vindicated his opinion. (Law.com)
Outcome of ruling on logging uncertain Jul 13, 2008
The ruling's potential fallout was uncertain because it was made en banc, by a panel of judges that included fewer than half of the court's 28 judges, he said. By Woodbury's accounting, the ruling would exempt federal agencies from public scrutiny if they weren't forced to prove their decisions were based on verifiable science rather than bureaucratic decision-making. (Missoulian, MT)
Judge Calls Lawyers Greedy but Panel Approves Fees Jul 8, 2008
Hill's concurrence was much more brief, saying he had nothing to add other than to acknowledge that his colleagues' opinions were "scholarly and well done." He closed with a cryptic sentence that perhaps foreshadowed an en banc showdown to come: "No doubt these additional writings will be of interest to jurists who might wish to pursue the matter in further proceedings, should any arise.". LAWYERS REACT. (Law.com)
Joyce hears lawyers' arguments in ballot case Jul 4, 2008
JCpatriot wrote on Jun 28, 2008 8:18 AM:" Sorry STL County, With due respect to Judge Joyce, she is a County circuit Judge only, Not a Mo. Supreme Court Judge or Mo. Congresswoman to make the petition into a Bill(Law) or let it die there on the session floor.BTW, Mo. circuit judges rule on enforcing the laws of the County seat they reside & determine Jurisdiction.Also STL. CTY is not in Cole CTY there out of Jurisdiction should be dismissed?These two STL. Cty. lobbyist need to read Mo. Supreme... (Jefferson City News Tribune, MO)
9th Circuit: Judges shouldn't act as scientists Jul 4, 2008
In their extraordinary en banc decision, the judges overturned a previous 2007 decision by a panel of three 9th Circuit judges that halted the Mission Brush project on the Idaho Panhandle National Forest. The 9th Circuit judges wrote they wanted to remedy past mistakes the court had made when weighing in on matters of environmental law. (Montana Standard, MT)
9th U.S. Circuit Court of Appeals clears path for more logging Jul 4, 2008
The ruling by such a panel is known as an "en banc" decision and is the highest level of court review short of the Supreme Court. En banc panels hear only a handful of cases each year, and it's very unusual for them to consider what started as a relatively standard case of environmental groups questioning a timber sale. (OregonLive, OR -- News)
11th Circuit Sides With National Geographic in Copyright Case Jul 2, 2008
On Monday, Judge Rosemary Barkett, writing the majority opinion for a sharply divided en banc court of the 11th U.S. Circuit Court of Appeals of a freelance Florida photographer whose work has been published in National Geographic ... A publisher, according to the en banc majority, may reproduce a freelance photographer's work in a reprint of the original collective work (such as a magazine, newspaper or encyclopedia) to which that photographer contributed; or a revision of that collective work;... (Law.com)
9th Circuit Racks Up Usual High Reversal Rate in Supreme Court Term Jun 28, 2008
A group of 9th Circuit conservatives, led by Judge Diarmuid O'Scannlain, in a dissent to denial of en banc review ... Fisher had plenty of company for his other reversal this term: Eleven judges joined his en banc opinion upholding a California law that barred employers who receive state funds from using that money for or against unionizing efforts. (Law.com)
Ciavarella denies suggestion he’s stepping down Jun 20, 2008
Judge Joseph Augello said the judges only discussed reassessment during the meeting, which was referred to on official schedules by the French term, Court En Banc. Reassessment only, Augello said. (The Citizen's Voice, PA)
Luzerne County’s judges to hold closed-door session today Jun 19, 2008
Ciavarella was elected to the post at such a meeting, referred to on official schedules by the French term, Court En Banc, in December 2006, succeeding current Senior Judge Michael T. Conahan. The FBI and IRS are investigating financial ties between Ciavarella and Conahan and prominent attorney Robert J. Powell, who until recently owned a stake in Pennsylvania Child Care LLC, the firm that has made millions leasing a juvenile detention center to the county. (The Citizen's Voice, PA)
What's Next for Kozinski? Jun 13, 2008
Beyond the obvious questions that arise from having a tribunal of Kozinski's colleagues -- who would need his vote on every en banc panel -- pass judgment on his behavior, the current and former chief judges have a particularly thorny past when it comes to judicial discipline. After Los Angeles U.S. District Judge Manuel Real was accused of improperly interfering in a bankruptcy case to protect a probationer he was supervising, Schroeder at first dismissed the complaint without appointing a... (Law.com)
Divided 2nd Circuit Denies Hearing by Full Court in Bias Case Jun 13, 2008
A sharply divided 2nd U.S. Circuit Court of Appeals has declined to rehear en banc a controversial Title VII case that may be headed for the U.S. Supreme Court ... But one 2nd Circuit judge thought the issue should be reheard en banc and asked for a poll of all active judges ... Three days prior to the filing of opinions against and for rehearing en banc, the three-judge panel withdrew its summary order and issued a per curiam opinion adopting the reasoning of Arterton. (Law.com)
Governor Commutes Killer's Sentence Jun 10, 2008
"In this regard, a few days before Walton's initial scheduled execution date of May 28, 2003, the U.S. District Court for the Western District of Virginia granted Walton a stay of execution in order to determine Walton's mental competence. In July 2003, following extensive submission of evidence about Walton's mental state from 1997 through 2003, the court ruled that he was competent to be executed. A three-judge panel of appellate judges of the United States Court of Appeals for the Fourth... (WTVR.com, VA)
9th Circuit Says Judge Botched Murder-for-Hire Trial Jun 3, 2008
So Riordan mused about the government's desire for en banc review, since a fact-finding remand is a possible outcome ... "He's very much a follow-the-law kind of guy. He's not a guy who reverses convictions lightly," Little said, adding that en banc review isn't a given, because there is little disagreement between Fletcher and McKeown on the appropriate legal standard -- just how it applies in this case. (Law.com)
Agent orange ‘win’ reversed for ‘blue water’ sailors Jun 3, 2008
Stichman said Haas will seek a fresh review of the case from a full or en banc panel of seven appeals court judges. Such reviews are granted only sparingly. (Petersburg Progress Index, VA)
TiVo Reports Results for the First Quarter Fiscal Year 2009 Ended April 30, 2008 May 29, 2008
- Favorable ruling in EchoStar patent infringement case upheld; EchoStar's petition for rehearing en banc denied ... Mr. Rogers continued, "In terms of our litigation with EchoStar and defending our intellectual property, the Appeals Court unanimously upheld the District Court's ruling that EchoStar had infringed on our patent and more recently denied EchoStar's petition for a rehearing en banc. We are pleased the Court upheld the ruling for full award of damages and an order for the injunction... (Yahoo! Wire -- Entertainment News)
Will the 5th Circuit Ground an Eastern District of Texas Rocket Docket? May 23, 2008
The defendants filed a motion for en banc reconsideration of their petition for writ of mandamus ... On April 23, 2007, the same panel that considered the mandamus treated the en banc motion as a motion for panel rehearing and vacated its previous ruling affirming Ward ... "There's a reason it's en banc," Siegel says of the case. (Law.com)
Legal victory in U.S. energizes Chinese battery makers May 17, 2008
But according to Zou Guorong, the Beijing-based attorney for the U.S. law firm Hogan and Hartson, which helped the Chinese companies with this suit, Energizer is technically entitled to request an en banc trial at the Court of Appeals (involving the full bench, rather than the panel that has already heard the case) or petition the U.S. Supreme Court. Zou said he believed that neither course would change the outcome. (Xinhuanet, China)
Nacchio asks court to deny full appellate review May 16, 2008
The petition thus seeks en banc (full court) review of alternative reasoning that would not change the result. For that reason alone, it should be denied. (San Diego Union-Tribune -- Business)
2nd Circuit Splits Over Scope of Class Action Fairness Act May 15, 2008
Robert I. Harwood of Harwood Feffer, one of the attorneys who represented the plaintiffs, said he and his colleagues are weighing whether to seek a rehearing en banc. "Here, CAFA was intended to allow the removal of securities cases of national importance from state court but at the same time, without impacting traditional state regulation of state corporate concern," Harwood said. (Law.com)
Shimkus seeking recount May 8, 2008
The court en banc is expected to hear the petition Friday at 9 a.m., two hours before the election board is scheduled to consider whether write-in votes for Mr. Shimkus without a blackened oval next to his name will be counted. The county s uncertified count from the April 22 primary election shows Mr. Murphy, whose name appeared on the Democratic ballot, received 7,517 votes. (Scranton Times, PA)
9th Circuit OKs Border Guards' Search of Traveler's Laptop Apr 22, 2008
s Kaye, McLane rski, said she plans to seek an en banc review by the 9th Circuit. She said she could understand that customs agents need to turn on a laptop computer to make sure it's not a bomb or a container full of illegal substances. (Law.com)
Microsoft, Nintendo, Sony tout NPD numbers Apr 18, 2008
April 17, 2008 4:20 PM PDT. Update: This story has been changed to reflect the email from Sony touting its PlayStation 3 March performance. (CNET News.com)
Court rules English-learner program deficient Apr 18, 2008
Horne, along with Republican legislative leaders, had asked the Appeals Court for an en banc review, in which a bigger appeals panel would review the case. The 9th Circuit's denial came with a footnote: Lawmakers should not rely on a portion of federal law that they had argued would allow them to count federal dollars toward their obligation to pay for a new, intensive English-language program for non-native speakers. (AZCentral -- News)
2nd Circuit Clarifies Civil Rights Fee Award Scheme Apr 14, 2008
Gibson Dunn responded by seeking a rehearing by the panel or rehearing en banc ... Lindblom noted that the circuit has made no mention of the motion to rehear the case en banc. (Law.com)
Higgs Confident in Proving God Particle Apr 12, 2008
This morning at 17:16 local (11:16 GMT), a.. By Julia Bonelli 15:01, April 9th 2008. (Enews 2.0)
Appeals court denies EchoStar rehearing request Apr 12, 2008
TiVo, the maker of television recording technology, said the decision by the U.S. Court of Appeals for the Federal Circuit in Washington to deny EchoStar's request for a "rehearing en banc" brings their patent fight closer to a resolution. In January, the court upheld a lower court's damage award of $74 million plus interest, saying that EchoStar infringed a TiVo patent in building digital video recorders. (Scientific American)
TiVo Statement on Decision by U.S. Court of Appeals to Deny the EchoStar Petition for a Rehearing En Banc Apr 12, 2008
April 11 /PRNewswire-FirstCall/ -- TiVo Inc. (Nasdaq: - ), the creator of and a leader in television products and services for digital video recorders (DVR), offered the following statement today on the ruling by the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. to deny EchoStar of its request for a rehearing en banc ... "We are extremely pleased that the United States Court of Appeals for the Federal Circuit today denied EchoStar's petition for a rehearing en banc, upholding... (Yahoo! Wire -- Entertainment News)
PR Newswire Summary of EntertaiNet Copy, Friday, April 11, 2008 Apr 12, 2008
NYF039 04/11/2008 11:59 r f NY-MarthaStewart-Conf (NEW YORK) Martha Stewart Living Omnimedia, Inc. to Announce First Quarter 2008 Results NYF040 04/11/2008 11:59 r f LA-Dancing-support (NEW ORLEANS) The United States Tournament of Dance and Miss Dance of the United States Revisit the New Orleans Dance Community in Hopes to Raise Support NEF040 04/11/2008 12:36 r f NY-Medialink-IWC-gala (NEW YORK) VIDEO from Medialink and IWC Schaffhausen: Multimedia Theatrical Performance Featuring Cate... (Yahoo! Wire -- Entertainment News)
Suicide Warning Suits Pre-Empted; Makers of Paxil, Zoloft Win Apr 9, 2008
Attorney Sol H. Weiss of Anapol Schwartz Weiss Cohan Feldman ey, lead attorney for the plaintiff in the McNellis case, said he was disappointed by the ruling and intends to seek reargument before an en banc panel of the 3rd Circuit. "This is a fundamental change," Weiss said, because the FDA until recently had recognized that tort suits were an important companion in policing drug companies. (Law.com)
2nd Circuit Decertifies Light Cigarette Class Apr 4, 2008
Michael D. Hausfeld of Cohen, Milstein, Hausfeld in Washington D.C., who represented the plaintiffs, called the decision "wrong" and said he plans "to pursue the litigation" either through petition for rehearing en banc, petition for a writ of certiorari to the U.S. Supreme Court or through trial. Weinstein issued a 540-page opinion. (Law.com)
9th Circuit: No Immunity for Roommates.com Under Communications Decency Act Apr 4, 2008
While the en banc ruling provides a much more voluminous opinion than the panel decision on the liability issues, the actual result is identical, and Kozinski wrote both. Judge Sandra Ikuta dissented from the panel along similar lines as McKeown, but Ikuta didn't make it onto the en banc court ... Rounding out the en banc majority in Fair Housing Council of San Fernando Valley v. Roommates. (Law.com)
State AG Attacks Business Method at Center of Key Patent Case Apr 1, 2008
As most patent lawyers know, the U.S. Court of Appeals for the Federal Circuit has signaled that it is reconsidering the patentability of business methods in a rare en banc hearing on In re Bilski. It's the most visible sign yet that the Federal Circuit is ready to fall in line with a series of Supreme Court rulings limiting patent rights by revisiting its own. (Law.com)
Legal options aplenty in Nacchio case Mar 24, 2008
Such "en banc" hearings typically entail the circuit's 12 active judges, though nine senior judges on the circuit who don't regularly hear cases can ask to take part. Prosecutors also can re-file the case in district court for a new trial. (Denver Business Journal, CO)
9th Circuit Settles Fee Fight Between Two Firms Mar 8, 2008
McCabe said the firm is considering a request for en banc review by the court. Lawrence A. Kasten, of Phoenix's Lewis and Roca, representing Brown declined comment on the ruling. (Law.com)
Magna Entertainment Corp. announces results for the fourth quarter and year ended December 31, 2007 Mar 1, 2008
FLPF filed an application for a rehearing, rehearing en banc before the full panel of the Florida First District Court of Appeals and Certification by the Florida Supreme Court. On November 30, 2006, in a split decision, the en banc court affirmed the August 2006 panel decision and certified the matter to the Florida Supreme Court, which stayed the appellate court ruling pending its jurisdictional review of the matter. (Yahoo! Wire -- Entertainment News)
1976 Copyright Law Meets 21st Century in Case Before 11th Circuit Feb 27, 2008
Kenneth W. Starr, former independent counsel during the Whitewater Investigation, had been addressing the 11th U.S. Circuit Court of Appeals en banc for less than a minute Tuesday morning when Judge Stanley F. Birch Jr. interrupted. "Mr. Starr, we're familiar with the facts. Let's get to the heart of things," he chided. (Law.com)
$4.1 Million Fees Award Upheld in Kia Class Action Feb 9, 2008
Kia has appealed the Superior Court's denial of a request for an en banc reargument to the state Supreme Court, Sargent said. The plaintiffs lawyers in this case also have similar class actions pending against Kia in New Jersey and Florida. (Law.com)
9th Circuit: No Sovereign Immunity for DA Contractors Feb 9, 2008
Jenkins said he will recommend that his client seek en banc review. . (Law.com)
Astoria Financial Corporation Announces Fourth Quarter EPS of $0.22 (Operating EPS of $0.36); Full Year EPS of $1.36 (Operating EPS of $1.50) Jan 24, 2008
Supervisory Goodwill Litigation Update In the case of the Long Island Savings Bank goodwill claim for breach of contract, the U.S. Court of Appeals for the Federal Circuit, on December 28, 2007, denied both Astoria's petition for a panel rehearing and a rehearing en banc and upheld the Court's most recent opinion which reversed an Astoria award of $435. 8 million. (PR Newswire)
Mellow ordered to leave Jan 5, 2008
In addition to Judges Minora and Munley, the court en banc was comprised of Judges Chester Harhut, Robert Mazzoni, Terrence R. Nealon and Trish Corbett ... The committee would have five days to give three names to the court en banc, which would issue a final decision. (Scranton Times, PA)
Feds Give Radical Colleges "Get Out of Jail Free Card" Jan 1, 2008
Federal lawyers could have returned to the district court for a ruling on the merit; instead, denied the ability to seek en banc review at the Third Circuittoo many judges had recused themselvesthey asked the Supreme Court to hear the case despite its preliminary footing ... Federal lawyers could have returned to the district court for a ruling on the merit; instead, denied the ability to seek en banc review at the Third Circuittoo many judges had recused themselvesthey asked the... (Townhall.com)
9th Circuit Switches Gears on UPS Drivers in Closely Watched Class Action Dec 29, 2007
In an en banc ruling, the 9th U.S. Circuit Court of Appeals an and vacated class certification and an injunction against UPS. The latest opinion in Bates v. UPS laid out a new affirmative defense standard for employers hit with Americans with Disabilities Act claims ... But Berzon then sided with the en banc court, which cast aside her previous logic in favor of the new standard. (Law.com)
Judges ask why Rolla can’t follow lead of SR, Waynesville courtrooms Dec 13, 2007
Speaking Friday afternoon at the circuit court en banc meeting, held twice per year for judges to set circuit court policies, Hickle said sessions of the Rolla Municipal Court have been held in the old county courthouse since a renovation of city hall three years ago ... If the en banc chooses not to do so, what is your plan B. (Waynesille Daily Guide, MO)
9th Circuit Limits Wal-Mart Class Dec 12, 2007
s The Impact Fund said the revised panel ruling should weaken any application for en banc review, and in any case make that process go faster. Wal-Mart's lawyer Theodore Boutrous Jr. at Gibson, Dunn her said he looks forward to en banc review. (Law.com)
Panel hears options Dec 8, 2007
If the en banc chooses not to do so, what is your plan B. asked Circuit Judge Tracy Storie. (Rolla Daily News, MO)
Newdow's Pledge Arguments Get New Recital Before 9th Circuit Dec 5, 2007
After Reinhardt tilted a three-judge panel toward Newdow 2-1, the judge criticized his nine colleagues for their public dissent over the decision not to rehear the case en banc. The proceedings directly led to congressional hearings to split the 9th Circuit. (Law.com)
Crime? Punishment? Nov 20, 2007
He believes that the Catholic bishops, working en banc, have a responsibility to declare publicly that the church is not asking for any law that would make abortion a criminal offense: "Would it not be advisable for Catholic bishops to make it clear that they are not urging criminal penalties for abortion? This would assist them in their efforts to persuade Catholics and others for their moral position. And allow Catholic politicians to take such a position so long as they do not advocate in... (Townhall.com)
Addition of New Judge Gives 2nd Circuit a Full Bench Nov 15, 2007
For example, they have a vote on some aspects of court governance, and only active judges can vote on whether to rehear a case en banc. By Jacobs' count, three judges are currently eligible for senior status but have elected to remain active, all appointees of President Clinton -- Judges Guido Calabresi and Jose Cabranes, both commissioned in 1994, and Judge Rosemary Pooler, named to the bench in 1998. (Law.com)
D.C. Circuit May Lose Judge to 9th Circuit Nov 14, 2007
Yet some speculated that the language could be interpreted to mean senior circuit judges would be included on en banc panels. The 9th Circuit has 23 senior judges. (Law.com)
5th Circuit Restricts Trial Courts' Discretion in Venue Motions Nov 3, 2007
Volkswagen appealed by filing a motion for en banc reconsideration of its petition for writ of mandamus ... On April 23, the same panel that considered the mandamus treated the en banc motion as a motion for panel rehearing and vacated its previous ruling, in which Judges Carolyn Dineen King and Patrick Higginbotham were in the majority and Judge Emilio Garza dissented ... Michael C. Smith, a partner in The Roth Firm in Marshall who represents the Singleton family on appeal, says he plans to... (Law.com)
4th Circuit Hears Enemy Combatant Case Nov 1, 2007
The court, sitting en banc, heard arguments in the case of Ali Saleh Kahlah al-Marri, an Illinois man accused of being an al-Qaida sleeper agent. Al-Marri, a U.S. resident originally from Qatar, was arrested just after the Sept. 11, 2001, terrorist attacks. (Law.com)
Documentary Claims New Evidence of Clinton Fraud Oct 27, 2007
Wilson said she's not certain she wants to appeal for an en banc hearing of the entire appeals court or to ask the California Supreme Court to take the case because it could mean a delay of two years before they can return to the underlying case the alleged fraud committed by the Clintons in pledging that Bill Clinton would work for Stan Lee Media. Of that, Wilson and Paul claim to have plenty of evidence and still are able to depose Hillary Clinton as a material witness. (Fox News)
Exxon Appeals Award to High Court Oct 23, 2007
The petition quotes at length from Judge Alex Kozinski's dissent from the denial of rehearing en banc in May. Wrote Kozinski, "Shippers everywhere will be put on notice: If your vessels sail into the vast waters of the 9th Circuit, a jury can shipwreck your operations through punitive damages and the fact that you did nothing wrong wont save you.". (Law.com)
WINSTON SCORES 11-0 EN BANC SEVENTH CIRCUIT VICTORY IN PRO BONO PRISONER CASE Oct 4, 2007
The Seventh Circuit issued a rare en banc ruling on the sole issue on the appeal -- the District Court's denial of Pruitt's motions for appointment of counsel. (Logo: ) Pruitt filed four motions with the District Court asking for counsel to be appointed to him. (PR Newswire)
4th Circuit's 5-5 Split May Impact Hot-Button Cases Sep 26, 2007
Known for backing the current Bush administration in terrorism cases, the 4th Circuit is set for an Oct. 31 en banc hearing in a closely watched case that could set precedent on whether "enemy combatants" arrested in America can be indefinitely detained without a trial or the filing of any charges ... Al-Marri is still being held in the Navy brig, however, because the 4th Circuit vacated the panel decision when it granted an en banc hearing requested by the government ... Tobias says the... (Law.com)
11th Circuit Limits Nasdaq's Immunity Sep 25, 2007
The case was then plucked for a rare en banc argument before the full court. In June, Douglas R. Cox of Washington's Gibson, Dunn her made Nasdaq and NASD's case before all 12 of the court's judges, while Weissman argued on his own behalf. (Law.com)
9th Circuit Judges Define Moral Turpitude Sep 14, 2007
For its vocal dissent and majority opinion that includes a non-circuit judge, the Marmolejo-Campos case could be ripe for en banc review. If so, it would be the second time in the last year that an expanded panel has taken on questions of turpitude: In December, an en banc panel heard arguments on whether being an accessory to a crime involves turpitude after a three-judge panel had split on the issue. (Law.com)
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Such "en banc" reviews aren't common for the simple fact that they consume a lot of resources, said Northwestern University law professor James Pfander. "They are loath to grant such review," he said. (Macomb Journal, IL)
11th Circuit Considers What to Do When Defendant Wants to Fire Public Defender Sep 1, 2007
In rare en banc review, court will re-examine what constitutes waiver of right to counsel ... Such en banc hearings are rare and suggest that the court members may be wrestling with the issue ... The state could try to seek en banc review in order to take advantage of any favorable ruling in a similar case where the full 11th Circuit has agreed to a rehearing. (Law.com)
National Geographic Copyright Case Reopens Sep 1, 2007
But Greenberg asked the full court for an en banc review, and a majority of the active judges voted to rehear the case. En banc orders do not identify how the judges voted, but this one noted that Judge Frank M. Hull recused and that Kravitch, who joined Birch's 2001 decision with Judge Gerald B. Tjoflat, would participate ... "You can imagine how gratified we were to hear about that," Greenberg's attorney, Norman Davis of the Miami firm Squire, Sanders ey, said last week of the en banc order. (Law.com)
