stating panel majority "usurped the jury's Seventh Amendment function", improperly "replacing the jury's verdict with a verdict of its own"
How later courts described this case
- stating panel majority "usurped the jury's Seventh Amendment function", improperly "replacing the jury's verdict with a verdict of its own"
Written by the judges who cited it.
The opinion
PER CURIAM:
Treating the Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED. The court having been polled at the request of one of its members, and a majority of the judges who are in active service not having voted in favor (Fed. R.App. P. and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED.