Narrative Opinion Summary
A majority of the active Judges of this Court have voted to rehear the case en banc. According to Sixth Circuit Rule 35(b), this action vacates the previous opinion and judgment, stays the mandate, and reinstates the case on the docket as a pending appeal. It is ordered that the prior decision and judgment are vacated, the mandate is stayed, and the case is restored to the docket. Further briefing and scheduling for oral argument will be directed by the Clerk.
Legal Issues Addressed
Court Procedures for Rehearingsubscribe to see similar legal issues
Application: The Clerk is responsible for directing further briefing and scheduling for oral argument after a case is reinstated for rehearing en banc.
Reasoning: Further briefing and scheduling for oral argument will be directed by the Clerk.
Effect of Rehearing En Banc on Prior Judgmentsubscribe to see similar legal issues
Application: The decision to rehear the case en banc results in the vacating of the previous opinion and judgment, staying the mandate, and reinstating the case as a pending appeal.
Reasoning: According to Sixth Circuit Rule 35(b), this action vacates the previous opinion and judgment, stays the mandate, and reinstates the case on the docket as a pending appeal.
Rehearing En Banc Proceduresubscribe to see similar legal issues
Application: The case is reheard en banc following a majority vote by the active Judges of the Court, impacting the status of the previous opinion and judgment.
Reasoning: A majority of the active Judges of this Court have voted to rehear the case en banc.