Biotech Values

[north40000]

Do not forget that, according to Court guidelines, each precedential opinion from a 3-judge panel is circulated to all other judges for review before the decision and opinion is handed down and made public. I have seen cases where, at that point, the court itself will sua sponte decide to hear the case en banc or at least by an expanded panel.

Troubling to me is that Judges Moore and Rader openly and pointedly disagree on the the controlling effect of the earlier Classen decision where J. Moore was the dissenting judge. The majority now conflicts with my own view as to what had previously been controlling law.

Interesting times. No doubt a petition for rehearing will be filed that may present something that the 3-judge panel did not consider, prompting then an en banc hearing. To me, it is hard to imagine that the majority and dissenting opinions have not fully covered the waterfront. Supreme Court next stop.