Federal Circuit Modifies Internal Procedure for En Banc Rehearing Petitions
The U.S. Court of Appeals for the Federal Circuit in a July 22 notice modified its internal operating procedures concerning petitions for en banc rehearings. The stylistic update says that if at any time before a rehearing vote takes place,…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
a majority of the panel that issued the decision in question wishes to make major substantive changes to a decision or give further consideration to the petition, the panel will inform the en banc court that the panel wants to take the petition back for further action. "Upon such notice, any pending poll will be withdrawn," the new rule said. "The panel shall expeditiously inform the full court of any such action on the petition, and if the panel grants less than all of the relief requested, any judge may request a response to the petition for rehearing en banc or a poll within 10 business days of the panel’s notification to the full court."