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Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008), [1] is a case in which the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that immunity under Section 230 of the Communications Decency Act (CDA) did not apply to an interactive online operator whose questionnaire violated the Fair Housing Act.
[6] The Ninth Circuit, with 29 judges, uses this procedure, and its en banc court consists of 11 judges. Theoretically, the Ninth Circuit can render en banc decisions with all 29 judges participating; such a hearing would overrule a prior 11-judge en banc hearing on the same case. Though no rule exists barring a party from requesting such a ...
In other circuits, en banc courts are composed of all active circuit judges, plus (depending on the rules of the particular court) any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is impractical for 29 or more judges to take part in a single oral argument and deliberate on a decision en masse.
In seeking en banc review, Maxwell's lawyers urged the 2nd Circuit to overrule a 1985 ruling that plea agreements bound only U.S. attorneys in districts where they are entered, unless it appeared ...
The Court of Appeals of Virginia, established January 1, 1985, is an intermediate appellate court of 17 judges that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc.
Southern Bldg. Code Congress Int'l, Inc., 293 F.3d 791 (5th Cir. 2002) (en banc), was a 2002 en banc 9-6 decision of the United States Court of Appeals for the Fifth Circuit, about the scope of copyright protection for building codes and by implication other privately drafted laws adopted by states and municipal governments. [1]
On July 12, 2010, the case was remanded by the en banc panel to the three judge panel for rehearing following McDonald v. Chicago, and oral arguments were heard by a panel of the U.S. Ninth Circuit Court on October 19, 2010. [10] On May 2, 2011, the court released its decision. [11]
In 2009, the Supreme Court denied the petition to reconsider the en banc decision of the Sixth Circuit. [ 1 ] [ 7 ] The decision is significant in maintaining that the record-keeping requirements of the Section 2257 are constitutional, and in its extended discussion of the overbreadth doctrine. [ 5 ]