Narrative Opinion Summary
The United States Court of Appeals for the Ninth Circuit issued an order on July 2, 2001, regarding the case of Medina Rene v. MGM Grand Hotel, Inc. The court decided to rehear the case en banc, meaning all active judges of the court will participate in the review rather than a smaller panel. As a result of this decision, the prior opinion delivered by the three-judge panel is no longer valid as precedent for this or any district court within the Ninth Circuit unless it is adopted in the en banc ruling. The case number is 98-16924, and the original district court case number is CV-97-00364-PMP. Chief Judge Schroeder presided over the order.
Legal Issues Addressed
Precedential Value of Panel Decisions Upon Grant of En Banc Rehearingsubscribe to see similar legal issues
Application: The rehearing en banc nullifies the precedential value of the earlier three-judge panel's decision unless it is adopted in the en banc decision.
Reasoning: As a result of this decision, the prior opinion delivered by the three-judge panel is no longer valid as precedent for this or any district court within the Ninth Circuit unless it is adopted in the en banc ruling.
Rehearing En Banc in Federal Appellate Courtsubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals decides to rehear the case en banc, involving all active judges, which is a procedure used for cases of exceptional public importance or to resolve conflicts within the circuit.
Reasoning: The court decided to rehear the case en banc, meaning all active judges of the court will participate in the review rather than a smaller panel.