mere possibility of inconsistent results and inconsistent resolution of same question of law does not establish incompatible standards of conduct under 23(b)(1)(A); nor does complexity and expense of litigation justify a 23(b)(1)(B) class
How later courts described this case
- mere possibility of inconsistent results and inconsistent resolution of same question of law does not establish incompatible standards of conduct under 23(b)(1)(A); nor does complexity and expense of litigation justify a 23(b)(1)(B) class
Written by the judges who cited it.
The opinion
ON SUGGESTION FOR REHEARING EN BANC
The full court has been advised of the suggestion for an en banc hearing. An active judge called for an en banc vote and a majority of the judges of the court has voted to reject the suggestion for rehearing en banc. Fed.R.App.P. 35(b).
Judge Ely did not participate in the consideration or disposition of the suggestion for en banc rehearing.
The suggestion for rehearing en banc is rejected.