Narrative Opinion Summary
A poll was conducted among active judges of the Eleventh Circuit regarding a request for rehearing the case of Beth Ann Faragher et al. versus the City of Boca Raton, along with co-defendants Bill Terry and David Silverman. A majority voted in favor of granting an en banc rehearing. Consequently, the previous panel's opinion has been vacated. Senior U.S. Circuit Judge David W. Dyer will participate in the forthcoming proceedings as per 28 U.S.C. 46(c).
Legal Issues Addressed
En Banc Rehearingsubscribe to see similar legal issues
Application: The court decided to rehear the case en banc, indicating that the full panel of judges will reconsider the case, which demonstrates the significance or complexity of the legal issues involved.
Reasoning: A majority voted in favor of granting an en banc rehearing.
Participation of Senior Circuit Judgesubscribe to see similar legal issues
Application: The inclusion of a senior circuit judge in an en banc proceeding is in accordance with statutory provisions, emphasizing adherence to judicial procedural rules.
Reasoning: Senior U.S. Circuit Judge David W. Dyer will participate in the forthcoming proceedings as per 28 U.S.C. 46(c).
Vacating Previous Panel Decisionsubscribe to see similar legal issues
Application: The decision to grant an en banc rehearing resulted in the vacating of the previous panel's opinion, meaning the earlier decision is nullified and no longer holds legal effect pending the rehearing.
Reasoning: Consequently, the previous panel's opinion has been vacated.