Narrative Opinion Summary
The United States Court of Appeals for the Fifth Circuit is set to rehear the case Positive Software Solutions, Inc. v. New Century Mortgage Corporation, et al., originally decided on January 11, 2006. The appeal involves various defendants including New Century Financial Corporation, eConduit Corporation, and others, with the case being heard en banc following a request for a poll by an active member of the Court. A majority of the judges voted in favor of this rehearing. The Court will schedule oral arguments and issue a briefing schedule for supplemental briefs. Judge King did not participate in the decision.
Legal Issues Addressed
Court Procedure for En Banc Rehearingsubscribe to see similar legal issues
Application: The procedure for rehearing en banc includes scheduling oral arguments and issuing a briefing schedule for supplemental briefs, ensuring thorough consideration of the case.
Reasoning: The Court will schedule oral arguments and issue a briefing schedule for supplemental briefs.
Judicial Participationsubscribe to see similar legal issues
Application: Judge King abstained from participating in the decision to rehear the case en banc, highlighting the discretionary nature of judicial participation.
Reasoning: Judge King did not participate in the decision.
Rehearing En Bancsubscribe to see similar legal issues
Application: The Fifth Circuit Court of Appeals decided to rehear the case en banc, indicating that the case will be considered by all active judges of the court rather than a smaller panel.
Reasoning: The United States Court of Appeals for the Fifth Circuit is set to rehear the case Positive Software Solutions, Inc. v. New Century Mortgage Corporation, et al., originally decided on January 11, 2006. The appeal involves various defendants including New Century Financial Corporation, eConduit Corporation, and others, with the case being heard en banc following a request for a poll by an active member of the Court.