When should circuit courts grant en banc review to panel decisions? Is it enough that a majority of judges on the court think that a given three-judge panel was wrong? Or are there some panel ...

Federal Rule of Appellate Procedure 35(c) permits "a petition that an appeal be heard initially en banc." This process allows a court of appeals to bypass the usual three-judge panel, and proceed to ...

The WCAB offered clarity on the complex topic of “vocational apportionment” in an en banc decision issued on June 22, 2023: Grace Nunes v. State of California, Dept. of Motor Vehicles, legally ...

As we mentioned in one of our previous posts, the Federal Circuit recently denied a long-pending petition for rehearing en banc in American Axle & Manufacturing v. Neapco Holdings, a Section 101 case.

In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp point out that the court has consistently granted fewer petitions for rehearing en banc than any other circuit court, a pattern that ...

Last October, a divided Ninth Circuit panel ruled (in Montejo-Gonzales v. Garland) that illegal aliens who, because of bad traffic, failed to show up on time for a hearing on their asylum petition ...

In a rare move that led one judge to question the court's "reputation for impartiality," the Sixth Circuit on Friday decided to hear initial arguments regarding Tennessee's 48-hour waiting period ...

[Stay on top of transportation news: Get TTNews in your inbox.] After a nearly three-year delay, a Texas appellate court has voted for all of its nine justices to take over an appeal of an $89.7 ...

(Reuters) - The en banc 9th U.S. Circuit Court of Appeals intends to clarify whether the federal rules for class action litigation preclude the certification of class actions in which more than a ...

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The Crime Victims’ Rights Act gives “crime victims” a right to “confer” with government attorneys and to be “reasonably heard” in the course of federal criminal prosecutions. The Act calls on federal ...