Narrative Opinion Summary
A majority of active judges in the Fifth Circuit Court of Appeals voted to grant a suggestion for rehearing en banc in the case involving the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America-Airline Division and Teamsters Local 19 as plaintiffs-appellees against Southwest Airlines Company as defendant-appellant. The case, originally decided on April 21, 1988, is being reheard due to a request for a poll from an active member of the Court. The Court will schedule oral arguments and the Clerk will provide a timeline for supplemental briefs. The case was appealed from the United States District Court for the Northern District of Texas, presided over by Judge Jerry L. Buchmeyer.
Legal Issues Addressed
Procedural Requirements for En Banc Rehearingsubscribe to see similar legal issues
Application: The decision to rehear the case en banc followed a formal request for a poll from an active member of the Court, adhering to procedural requirements.
Reasoning: The case, originally decided on April 21, 1988, is being reheard due to a request for a poll from an active member of the Court.
Rehearing En Banc in Appellate Courtsubscribe to see similar legal issues
Application: The Fifth Circuit Court of Appeals has decided to rehear the case en banc, indicating that the case will be reviewed by all active judges rather than a smaller panel.
Reasoning: A majority of active judges in the Fifth Circuit Court of Appeals voted to grant a suggestion for rehearing en banc in the case involving the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America-Airline Division and Teamsters Local 19 as plaintiffs-appellees against Southwest Airlines Company as defendant-appellant.
Scheduling and Briefing for En Banc Rehearingsubscribe to see similar legal issues
Application: The Court will set a new schedule for oral arguments and provide a timeline for submitting supplemental briefs, ensuring all parties are prepared for the en banc review.
Reasoning: The Court will schedule oral arguments and the Clerk will provide a timeline for supplemental briefs.