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	En banc - Wikipedia, the free encyclopedia
		En banc or in bank is a term used to refer to the hearing of a case by all the judges of a court.
		Appellate courts in the United States sometimes grant rehearing en banc to reconsider a decision of a panel of the court, where the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court.
		Very rarely, a trial court may hear a matter en banc if, for example, uniformity of decisions on a recurring matter is important and unusual circumstances prevent appellate review.
	en.wikipedia.org /wiki/En_banc (293 words)

	Howard J. Bashman - Pennsylvania Appellate Boutique
		Appeals heard "en banc" are considered by the full membership of a court (or, in the Ninth Circuit, by an eleven-judge panel), rather than by a panel consisting of three judges.
		En banc courts "are convened only when extraordinary circumstances exist that call for authoritative consideration and decision by those charged with the administration and development of the law of the circuit." United States v.
		Given the singularly important role that en banc courts fulfill in the federal appellate process, it is unfortunate that the procedure for determining whether to take an appeal en banc is the subject of a contentious circuit split.
	www.hjbashman.com /resources-articles-04-09-01.htm (1235 words)

	En Banc Decision (Site not responding. Last check: 2007-10-06)
		A sua sponte request to consider en banc whether to recall the mandate was made shortly thereafter, even before the mandate was spread in the district court.
		A majority of the active judges of this circuit has voted to rehear en banc the panel's refusal to recall the mandate, and this en banc court has now determined that it shall be recalled.
		First, Judge Kozinski's conclusion that the en banc process is not available when the objective is to correct specific constitutional errors that will result in the execution of a person who cannot lawfully be executed misses the point not only of our en banc process but of our justice system as a whole.
	www.appellate-counsellor.com /9thcir/Thompson/enbanc.htm (14915 words)

	EnBanc \| En Banc Disclaimer
		En Banc is continuing to research, and may in its sole discretion add, asbestos lawsuits to the Asbestos Litigation Database for the January 1, 1997-December 31, 2003 period.
		En Banc does not represent or warrant that it has collected all asbestos lawsuits filed during the January 1, 1997-December 31, 2003 period in any jurisdiction already represented in En Banc's Asbestos Litigation Database.
		En Banc may add to the Asbestos Litigation Database asbestos lawsuits filed during the period January 1, 1997-December 31, 2003 in those jurisdictions.
	enbanc.com /disclaimer.html (399 words)

	Definition: En Banc.
		Sometimes, on the request of the panel, or one of the litigants, the case is later reheard by the full court, or, en banc.
		A suggestion for a rehearing in banc must be made within the time prescribed by Rule 40 for filing a petition for rehearing, whether the suggestion is made in such a petition or otherwise.
		The pendency of such a suggestion whether or not included in a petition for rehearing shall not affect the finality of the judgment of the court of appeals or stay the issuance of the mandate.
	www.techlawjournal.com /glossary/legal/enbanc.htm (345 words)

	USCA1 Opinion 04-2186ORD
		A reason for this practice is that a grant of rehearing en banc almost invariably results in a new decision, whether the outcome differs from or duplicates the result reached by the panel.
		This gives the en banc court the benefit of the knowledge and judgment of all of the judges of this circuit who sat on the panel that rendered the initial decision.
		The convening of this en banc court is unfortunate, for it conducts its deliberations under the pall of two weighty errors, one of judgment and the other of law.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=04-2186ORD.01A (1603 words)

	[No title] (Site not responding. Last check: 2007-10-06)
		Solimine, examining en banc decisions across all circuits in the years 1985-1987, concluded that the data did not “support the charge that the Reagan-appointed judges are using the en banc procedure as an ideological tool” (1988, 63).
		The occurrence of en bancs might be affected both by variation in the ideological diversity of a circuit and shifts in its ideological regime.
		En bancs were more likely to occur with increases in caseload and the corresponding increase in cases meeting the threshold of importance.
	epstein.wustl.edu /research/courses.LAPSHettinger.doc (8744 words)

	THOMPSON V. CALDERON 9599015, 95-99014 (08-08-97)
		On the ques- tion whether an en banc call could be made, the authoring judge stated as follows: On Monday, March 17, 1997, I sent you copies of papers from my file that demonstrate that you both had adequate notice of the panel's intent to amend the opinion and a 5.4(b) notice.
		Neither argued at the time that they should be allowed to make a belated en banc call because of excusable neglect.2/ Neither judge notified the full court that he felt aggrieved by the panel's unwillingness to waive the dead- line as a matter of comity.
		But maybe Judges X and/or Y were not aware of the possibility they could call for en banc review on the basis of the amended opinion, and were misled by the failure of the panel and the en banc coordinator to offer them this alternative.
	www.fedcrimlaw.com /members/Punch/1997/Kozinski.html (3265 words)

	BIPC - News & Events (Site not responding. Last check: 2007-10-06)
		The Third Circuit's internal rules provide that rehearing en banc will be ordered "[i]f a majority of the active judges of the court who are not disqualified, provided that the judges who are not disqualified constitute a majority of the judges who are in regular active service, votes for rehearing en banc." 3d Cir.
		Cases are reheard en banc in the Third Circuit for a variety of reasons, and the twelve active judges currently serving on that court do not share an entirely uniform view of the reasons why an appeal should be reheard en banc.
		Typically, a case will not be voted en banc before the panel's opinion issues unless the panel's decision contains a dissent or explains that the panel wishes to reach a result in conflict with an earlier Third Circuit decision that the panel views as incorrectly decided.
	www.bipc.com /news.cfm?mode=article&article_id=504&practice_id=56 (2350 words)

	Fun With Bush v. Gore - The 9th Circuit moons the Supreme Court. By Dahlia Lithwick (Site not responding. Last check: 2007-10-06)
		Circuit, en banc review isn't by the full court; there are too many judges (26 at the moment).
		The court as a whole votes on whether the case is to be taken en banc, and this vote can be triggered either at the request of one of the parties or if one of the active judges wishes to have the whole court consider it.
		The en banc court consists of 11 judges, of which the chief judge (that's Mary Schroeder at present) is always one.
	slate.msn.com /id/2088554/sidebar/2088555 (271 words)

	USDOL-OALJ: BALCA En Banc Caselist (Site not responding. Last check: 2007-10-06)
		Kevin Nealis, 92-INA-429 (Sept. 30, 1993)( en banc)
		Shaw's Crab House, 87-INA-714 (Sept. 30, 1988) ( en banc)
		, 91-INA-300, et.seq., (Sep. 29, 1994) ( en banc)
	www.oalj.dol.gov /public/INA/REFRNC/BALCA.HTM (1990 words)

	W&D \| Publications \| Articles \| En Banc Voting (Site not responding. Last check: 2007-10-06)
		Proponents of the absolute-majority approach focus on the goals of en banc review, which are to allow a majority of the circuit to control, and secure uniformity, in the court's decisions.
		Under this approach, the vote required to hear a case en banc is determined solely on the number of judges who are eligible to participate in the particular case.
		For, in the first example, a case that obtained the votes of five of the circuit's judges could never be considered en banc, while in the second example, a case that garnered the votes of only four judges could be heard en banc.
	www.wiggin.com /pubs/articles_template.asp?ID=15484210182002 (1629 words)

	Howard J. Bashman's appellate columns, etc.: 10/01/2002 - 10/31/2002
		Cases are reheard en banc in the Third Circuit for a variety of reasons, and the active judges serving on that court do not share an entirely uniform view of the reasons why an appeal should be reheard en banc.
		Last year's en banc round-up included a case in which the Third Circuit had granted en banc review to consider whether to adhere to a ruling that, according to most every other federal appellate court to have decided the issue, had reached the wrong result.
		Indeed, rehearing en banc was granted so recently in the second of the two cases that the Third Circuit has yet to schedule a date for en banc argument in that case.
	hjbashman.blogspot.com /2002_10_01_hjbashman_archive.html (1584 words)

	Legal Definition of En Banc
		"by the full court" "in the bench" or "full bench." When all the members of an appellate court hear an argument, they are sitting en banc.
		Refers to court sessions with the entire membership of a court participating rather than the usual quorum.
		They are then said to be sitting en banc.
	www.lectlaw.com /def/e015.htm (104 words)

	Status Report - July 11, 2005 (Site not responding. Last check: 2007-10-06)
		When a case is heard or reheard en banc, the en banc court assumes jurisdiction over the entire case, see 28 U.S.C. § 46(c), regardless of the issue or issues that may have caused any member of the Court to vote to hear the case en banc.
		The original en banc opinion affirmed the grant of a habeas writ as to the penalty phase of a capital trial; denied the writ as to the guilt phase.
		Original en banc opinion: The jury instructions regarding “factor (k),” the catch-all factor in California’s death penalty statute, and the prosecutor’s erroneous argument led the jurors to believe that they were not permitted to consider the petitioner’s mitigating evidence regarding post-crime rehabilitation and thus rendered the penalty phase fundamentally unfair.
	www.ca9.uscourts.gov /ca9/Documents.nsf/54DBE3FB372DCB6C88256CE50065FCB8/93FD8C8B9E6B686A88256EDA0052AFC9?OpenDocument (2571 words)

	Grant of En Banc Rehearing (Site not responding. Last check: 2007-10-06)
		The vote to take en banc the panel's manifestly correct determination that the mandate in this case is not subject to recall amounts to seizing in our judicial mouths not only the bit, but also the rules, the due process, and our General Orders that govern our handling of appeals.
		A majority of the active judges of the court have authorized an en banc court to reconsider an order denying the motion to recall the mandate which issued from this court on June 11, 1997.
		If the en banc court limits the scope of its reconsideration to recall the mandate and, in fact, recalls the mandate, such an order will have several consequences.
	www.appellate-counsellor.com /9thcir/Thompson/grantenb.htm (1284 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		(5) Indeed, this court's decision to hear the present case en banc was motivated by the concerns related to the composition of the hearing panel.
		The reasons stated for initial hearing en banc were the "exceptional importance" of the case, the "inevitable conflict" with another federal circuit's opinion in view of the already conflicting decisions of the Fifth Circuit in Hopwood v.
		In fact, the dissenters themselves did not raise any complaints with the composition of the en banc court when the en banc petition was circulated, when the case was argued before the en banc court, or even in the first circulated draft of Judge Boggs's dissent.
	laws.lp.findlaw.com /6th/02a0170p.html (14586 words)

	E Banc Trade - Business Management System
		E Banc Trade continues to strive towards excellence in business and to this end the international Head Office in Australia has implemented a Business Management System over the past 12 months in accordance with the requirements of international standard ISO9001/2000.
		ISO9001/2000 accreditation is recognised and adopted around the world, and E Banc Trade members stand to benefit from the market confidence brought about by complying with this standard as the company continues to expand into the international arena.
		E Banc Trade is committed to meeting all relevant regulatory and legislative requirements and codes of practice associated with the effects on the environment and looks forward to achieving this accreditation in the near future.
	www.ebanctrade.com /bsmngmnt.htm (457 words)

	En Banc Presentations on Various Communications Policy Issues
		En Banc Presentations on Various Communications Policy Issues
		The FCC held a series of en banc presentations to the five FCC Commissioners on various communications policy issues.
		The purpose of this en banc series, was to educate and inform the Commissioners, FCC staff, and the public about differing perspectives on current issues in telecommunications policy.
	www.fcc.gov /enbanc (94 words)

	The Banc Corporation downgraded to "hold" \| newratings.com (Site not responding. Last check: 2007-10-06)
		Shares of The Banc Corporation, a financial holding company offering banking and related services, are currently trading at $6.72.
		The Banc Corporation’s credit quality has improved, with non-performing assets declining by 15% in the current quarter, according to KeyBanc Capital Markets.
		The Banc Corporation’s stock valuation would remain low unless there is a significant improvement in the company’s profitability, the analysts believe.
	www.newratings.com /analyst_news/article_429499.html (340 words)

	En Banc \| Asbestos Litigation Database
		En Banc has collected from the state and federal courts information concerning over 100,000 asbestos lawsuits filed since January 1, 1997.
		En Banc also uses the data for research reports on particular companies and industries.
		En Banc's research reports provide information concerning, among other things, the number of claims filed against a company or industry, the company's or industry's percentage share of all post-January 1, 1997 asbestos claims, and changes in the company's or industry's percentage share of claims.
	www.enbanc.com (200 words)

	Background - The Imraguen of Banc d'Arguin (Site not responding. Last check: 2007-10-06)
		The Banc d'Arguin National Park is located on the Atlantic desert-coast of Mauritania, midway between the capital Nouakchott in the south and Nouadhibou in the north.
		The Banc d'Arguin is a vital spawning ground with significant economic implications for Mauritania, which derives the bulk of its income from selling fishing licences to foreign countries.
		There was a quick effect in decreasing ventures by foreign fishermen far into the coastal waters of the Banc for fear of having their boats impounded.
	www.afrol.com /Countries/Mauritania/backgr_Imraguen.htm (1860 words)

	APPELLANT’S PETITION FOR REHEARING EN BANC (Site not responding. Last check: 2007-10-06)
		Veeck further suggests that panel majority, in order to reach the result it considered correct, had to stretch beyond the correct interpretation of the law in ways which threaten legal principles heretofore considered settled in this circuit, and result it reached is contrary to that dictated by opinions of the other circuits.
		Should this case be accepted for rehearing en banc, Mr.
		Veeck suggests that court should review the decision en banc to assure that the panel’s opinion represents what should be the fundamental law of this circuit and of this land.
	regionalweb.texoma.net /cr/Enbanc1.html (2487 words)

	Hopwood Dissent from failure to grant rehearing en banc
		Conceivably, after an en banc rehearing the panel result, its reasoning, and even its dicta, might be embraced by a majority of the en banc court.
		There are many things which a "yea" vote on an en banc poll is not: It is not necessarily a vote against the analysis; it is not necessarily a vote against the result; it is not necessarily a vote against a panel opinion or in favor of a special concurrence or a dissent.
		We cannot but note that a majority that a majority of our active judges voted Walton en banc to correct the majority's erroneous interpretation of Supreme Court precedent regarding an issue that was not necessary for the resolution of the case.
	tarlton.law.utexas.edu /hopwood/dissent.htm (1752 words)

	2600 Magazine 2nd Cir. En Banc Appeal (Jan 14, 2002) (Site not responding. Last check: 2007-10-06)
		The panel held that, although computer code is "speech" within the meaning of the First Amendment, it is subject to greater regulation than other speech because of its "functional capability" to be executed by a computer as well as read by a human eye.
		This Court should review the panel's linking ruling en banc to make clear that free speech principles turn not upon newly minted distinctions between pen-and-ink and point-and-click, but rather upon time-honored distinctions between intentional aiding and abetting of unlawful conduct and speech that at most can be construed as making such conduct easier to commit.
		For all of the foregoing reasons, and the reasons set forth in his briefs and supplemental briefs below, Appellant respectfully requests that the decision of the panel in this case be reheard en banc.
	www.eff.org /IP/Video/MPAA_DVD_cases/20020114_ny_2600_appeal.html (3573 words)

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