Fifth Circuit appeal

• Cara Horowitz
• May 28, 2010

Comer craziness: Appellate nuisance victory overturned, despite lack of quorum (!)

Question: If an 3-judge panel on an appellate court unanimously reverses a D Ct opinion, and the full Circuit lacks a quorum to reconsider the substance of that appellate panel decision, what happens? If you answered “the appellate panel decision survives,” you’d be supported by a certain (which is to say, all) logic — but …

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