Earl E. Graham v. R.J. Reynolds Tobacco Company

Summary

The United States Court of Appeals for the Eleventh Circuit vacated its earlier order granting rehearing en banc after the chief judge recused himself. The court then ordered that the case be reheard en banc and vacated the panel’s opinion.

Holdings

1. The court vacated its earlier order granting rehearing en banc because Chief Judge Carnes may have been recused and recused himself to avoid any appearance of impropriety.
2. The case was ordered to be reheard en banc because a majority of the judges of the court in active service and eligible to hear it voted in favor, and the panel's opinion was vacated.

Questions Presented

1. Whether the court should vacate its earlier order granting rehearing en banc after a judge recused himself.
2. Whether the case should be reheard en banc after a majority of the active-service judges eligible to hear the case voted in favor.
3. Whether the panel's opinion should be vacated.

Disposition

vacated