Narrative Opinion Summary
A combined petition for panel rehearing and rehearing en banc was submitted by the plaintiffs-appellants, with the court inviting responses from the defendants-cross appellants. Amicus Curiae briefs were presented by the Georgia Shrimp Association, Boone Seafood, and Dr. Frank V. Paladino, among others. The matter was initially reviewed by the merits panel that adjudicated the appeal, after which the petition for rehearing en banc was referred to circuit judges in regular service for polling. The poll was conducted but did not succeed. Consequently, the court ordered the following: 1) the petition for rehearing is denied, and 2) the petition for rehearing en banc is denied. Circuit Judge Gajarsa, joined by Circuit Judge Newman, dissented from the denial of the en banc petition. Responses were also submitted by the governmental parties and the National Fisheries Institute, Inc.
Legal Issues Addressed
Amicus Curiae Participationsubscribe to see similar legal issues
Application: Various organizations and individuals contribute Amicus Curiae briefs, indicating widespread interest and input from external parties in the case.
Reasoning: Amicus Curiae briefs were presented by the Georgia Shrimp Association, Boone Seafood, and Dr. Frank V. Paladino, among others.
Judicial Dissent in Denial of En Banc Petitionsubscribe to see similar legal issues
Application: Circuit Judge Gajarsa and Circuit Judge Newman express dissent regarding the denial of the petition for rehearing en banc, highlighting a division within the court.
Reasoning: Circuit Judge Gajarsa, joined by Circuit Judge Newman, dissented from the denial of the en banc petition.
Petition for Rehearing and Rehearing En Bancsubscribe to see similar legal issues
Application: The court considers and denies both the petition for rehearing and the petition for rehearing en banc following a poll among the circuit judges.
Reasoning: Consequently, the court ordered the following: 1) the petition for rehearing is denied, and 2) the petition for rehearing en banc is denied.