En Banc Denied in Amalgamated Transit v. Laidlaw Transit -- Class Action Defense Cases
CAFA (Class Action Fairness Act of 2005) Requires That Appeal From Grant Or Denial of Motion to Remand Must Be Made Within 7 Days Ninth Circuit Holds
On May 22, 2006, the Court of Appeals for the Ninth Circuit refused to reconsider en banc its decision in Amalgamated Transit Union Local 1309 v. Laidlaw Transit Serv., Inc., 435 F.3d 1140 (9th Cir. 2006). However, six justices dissented from the denial of rehearing en banc, and severely criticized as an abuse of our judicial power the decision to read less as more. The dissent is authored by Circuit Judge Bybee, and joined in by Judges Kozinski, OScannlain, Rymer, Callahan and Bea.