rehearing en banc definition

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4.289 documents for rehearing en banc definition

- Park v. United States of America, (2nd Cir. 2011)
...Park previously filed a petition for rehearing on April 25, 2007, raising the same arguments rega...'s motion for rehearing and rehearing en banc. Padilla did not change the definition of prejudic...
- Federal Circuits
- Al-Kidd v. Ashcroft: Clearly Established Confusion
In the aftermath of September 11, 2001, Attorney General John Ashcroft authorized the U.S. government to use material-witness arrest warrants to detain and investigate terrorist suspects. At that time, existing law permitted this investigatory use, based primarily on the principle that subjective intent is irrelevant in the standard Fourth Amendment context. In al-Kidd v. Ashcroft, the Ninth Circuit Court of Appeals erred in denying former Attorney General Ashcroft qualified immunity. Ashcroft’s decision to permit the government to use a valid material-witness arrest warrant to detain Abdullah al-Kidd did not violate al-Kidd’s constitutional rights, regardless of the government’s subjective intent. Furthermore, assuming that the government’s actions were unconsti...

...23 This definition’s application in the material-witness context, howev.... . See Petition for Rehearing En Banc at 12, al-Kidd , 580 F.3d 949 (No. 06-360...
- Iowa Law Review
- Nbr. 96-1, November 2010
- Park v. United States of America, (2nd Cir. 2011)
...Park previously filed a petition for rehearing on April 25, 2007, raising the same arguments rega...'s motion for rehearing and rehearing en banc. Padilla did not change the definition of prejudic...
- Federal Circuits

- CAFA Connection Q3, 2011.
... plaintiff had excluded from the class definition all persons or entities who were not "residents" o... Circuit urging the court to grant rehearing en banc. The WLF asserts that it was Congress' int...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- Moody v. Albemarle Paper Co., 417 U.S. 622 (per curiam) (1974)
... judge may sit on an in bane court rehearing a case in which he participated at the original he... parties petitioned for rehearings in banc pursuant to 28 U.S.C. 46 (c):[Footnote 2]. "Cases... "active service," sharpening the definition of which judges may participate in ordering a hear...
- U.S. Supreme Court
- Serna-Guerra vs. Mukasey, (5th Cir. 2008)
... ON PETITION FOR REHEARING EN BANC. (Opinion May 30, 2008, 5th .... The definition of "crime of violence" includes "any . . . offense...
- Federal Circuits
- Amgen Inc., Plaintiff-Appellee, v. Hoechst Marion Roussel, Inc. (Now Known as Aventis Pharmaceuticals Inc.) and Transkaryotic Therapies, Inc., Defendants-Appellants., 469 F.3d 1039 (Fed. Cir. 2006)
..., filed a combined petition for panel rehearing and rehearing en banc for plaintiff-appellee. With... based on general dictionary definitions of claim terms, rather than relying on the specifi...
- Federal Circuits
- Amgen Inc. v. Hoechst Marion Roussel, Inc. (now known as Aventis Pharmaceuticals Inc.) [order], (Fed. Cir. 2006)
..., filed a combined petition for panel rehearing and rehearing en banc for plaintiff-appellee. With... based on general dictionary definitions of claim terms, rather than relying on the specifi...
- Federal Circuits
- Missouri v. Jenkins, 495 U.S. 33 (1990)
... styled "State Appellants' Petition for Rehearing En Banc." On October 14, 1988, the Court of Appeal... magnet schools of this conventional definition, see Milliken v. Bradley, 433 U.S. 267 , 272 (197...
- U.S. Supreme Court
- Hibbs v. Winn, 542 U.S. 88 (2004)
... submit, because no party petitioned for rehearing, the extended filing periods prescribed by the Rul... whether the case should be reheard en banc. That order, this Court holds, suspended the judgm... made clear that, under the IRC definition, an "assessment" serves as the trigger for levy an...
- U.S. Supreme Court