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Palisades Collections LLC v. Shorts
Citations: 552 F.3d 327; 2009 U.S. App. LEXIS 678; 2008 WL 5220993Docket: 08-2188
Court: Court of Appeals for the Fourth Circuit; January 15, 2009; Federal Appellate Court
Original Court Document: View Document
The United States Court of Appeals for the Fourth Circuit filed an order on January 15, 2009, denying the petition for rehearing en banc in the case of Palisades Collections LLC v. Charlene Shorts. No judge requested a poll regarding the rehearing. Judge Niemeyer dissented from the denial, expressing that the petition for rehearing is persuasive, and he noted the existence of a division of opinion concerning whether a party added as an additional defendant to a counterclaim possesses rights under the Class Action Fairness Act (CAFA). He emphasized the significance of this statutory interpretation issue and suggested that the majority's interpretation leads to a loophole in CAFA that requires resolution by the Supreme Court. The order was directed by Chief Judge Williams and signed by Clerk Patricia S. Connor.