Summary
The United States Court of Appeals for the Fifth Circuit ordered that the case be reheard en banc after a majority of active, non-disqualified circuit judges voted in favor of rehearing. The court vacated the panel opinion dated December 18, 2025 and directed the clerk to set a supplemental briefing schedule and later oral argument date.
Topics
Practice areas
Questions Presented
- Whether the petition for rehearing en banc should be granted.
- What effect granting rehearing en banc would have on the Fifth Circuit panel opinion dated December 18, 2025.
Holdings
- Rehearing en banc is granted because a majority of the circuit judges in regular active service and not disqualified voted in favor after a poll was requested.
- The Fifth Circuit's panel opinion dated December 18, 2025, is vacated.
Key quotations
“A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed.” (2)
“Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated December 18, 2025, is VACATED.” (2)
Factual background
The order concerns an ERISA-related dispute between Aramark plans and entities and Aetna Life Insurance Company. The court's order does not discuss the underlying substantive facts.
Procedural history
The appeal arose from the United States District Court for the Eastern District of Texas, No. 2:23-CV-446. On Aetna's petition for rehearing en banc, a circuit judge requested a poll, and a majority of the active, non-disqualified circuit judges voted in favor of rehearing. The court ordered the matter reheard en banc and vacated the prior panel opinion.
Remand instructions
The cause is to be reheard by the Fifth Circuit en banc, with oral argument on a date to be fixed and supplemental briefing pursuant to a schedule specified by the Clerk.