Tag Archives: rehearing

5th Circuit Grants En Banc Rehearing to Address Federal Officer Removal

After years of inconsistent rulings, the Fifth Circuit is poised to address a removal issue with significant ramifications for Louisiana tort cases. The previous version of 28 U.S.C. § 1442 authorized removal to federal court of a suit against a … Continue reading

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No transition rehearing opportunities this time

The Supreme Court almost never grants rehearings. However, when a retired justice is replaced, the conditions can be right for making a rehearing petition worthwhile. That happens when the retired justice or a pro tem justice is a deciding vote … Continue reading

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Amicus seeking rehearing in Honey Badger case

Mark Lemley, Mark McKenna, and I wrote a brief in support of rehearing.  Here's hoping!http://tushnet.blogspot.com/feeds/posts/default?alt=rss Read more detail on Recent Advertising Law posts –

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Insurer Seeks Rehearing of Ruling That Payment Instruction Fraud is Covered

The insurer on the receiving end of the recent Sixth Circuit ruling that the a payment instruction fraud loss is covered under the Computer Fraud section of a Commercial Crime policy has filed a petition for rehearing or rehearing en … Continue reading

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Vanda on Rehearing: Will the Federal Circuit Defy SCOTUS?

by Dennis Crouch Vanda Pharms. Inc. v. West-Ward Pharms. Int’l Ltd., 887 F.3d 1117 (Fed. Cir. 2018) offers an example of a claim on the cusp of eligibility.  In a 2-1 decision, Vanda’s schizophrenia treatment claim was found eligible with … Continue reading

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