Consider its June 1, 2012 en banc ruling in Karuk Tribe of Ca. v.
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Perhaps he was seen as a sixth and decisive vote in support of rehearing en banc.
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If the entire bench hears it, the proceeding is called an "en banc" hearing.
The settlement was upheld in an order refusing en banc review by the entire court.
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The en banc vote seemed to be the subject of considerable infighting and intrigue within the Second Circuit.
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The Federal Circuit declined an en banc review of that decision, and the Supreme Court refused to hear the Williams case.
The withdrawal may have been part of an effort to solicit the participation of Judge Raymond Lohier in the en banc vote.
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No further petitions for rehearing or rehearing en banc may be filed.
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But in what lawyers describe as a highly unusual move, that panel urged an en banc review by all 10 judges at the court.
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But when the defendants moved for en banc review by the entire court, eight of the sixteen justices recused themselves (oil stocks are a popular investment).
The likelihood of either the CAFC granting en banc consideration or the Supreme Court granting a writ of certiorari is considered by legal experts to be small.
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These software claims are the same claims that EchoStar was found to have infringed in the contempt ruling now pending for en banc review by the Federal Circuit.
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The matter was then rescheduled for an en banc hearing.
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Also, the court initially issued an order on December 22, 2010 denying the petition for rehearing en banc, but that order was withdrawn the very next day without explanation.
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On November 9, the en banc US Court of Appeals for the Federal Circuit heard oral arguments in an extremely important patent infringement case (mp3 of oral argument here).
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United States leaves in place a controversial en banc decision by the U.S. Court of Appeals for the First Circuit that drastically undermines the important work-product privilege on which corporate counsel have long relied when representing their clients.
First a three-judge panel of the Fifth Circuit reinstated the case, then the defendants sought an en banc appeal before the entire 16-judge court, then several judges had to recuse themselves, presumably because they owned stock in one of the many defendant companies.
But although his membership on the initial panel entitled him to vote on the rehearing petition and to sit on the en banc panel had rehearing en banc been granted, his senior status disqualified him from actually voting on the petition for rehearing en banc.
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Finally, in the next sentence of her speech, Sotomayor went on to specify that she was addressing the dynamics of an appellate court with multiple judges (such as the three-judge and en banc panels on which she sits as an appeals court judge and the Supreme Court), rather than talking about a trial court context in which a single judge presides.
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