In this “Seventh Circuit Spotlight” column, Jenner & Block Partner Michael T. Brody explains how Circuit Rule 40(e) reduces the chances of a rehearing en banc to be granted in the US Court of Appeals for the Seventh Circuit. “One way the Seventh Circuit makes rehearings en banc unnecessary is Circuit Rule 40(e), which permits the Seventh Circuit to resolve differences before issuing an opinion,” he explains.
Mr. Brody goes on to examine recent Seventh Circuit cases where the decisions interpreting Circuit Rule 40(e) reflected division of opinion within the court – among longstanding members and newly appointed members – regarding the role of en banc review and when plenary consideration of contested issues is important. “After many years of stability, the Seventh Circuit has four new members. In these two Circuit Rule 40(e) cases, the dissenting judges were longstanding members of the court, while newly appointed members of the Seventh Circuit authored one decision,” he observes, signifying that the court may experience a shift in Circuit law. Titled “Seventh Circuit Foregoes Rehearing En Banc,” the article was published by Law.com.