Cochran v. Sec. & Exch. Comm'n

Decision Date30 October 2020
Docket NumberNo. 19-10396,19-10396
Citation978 F.3d 975 (Mem)
Parties Michelle COCHRAN, Plaintiff—Appellant, v. SECURITIES AND EXCHANGE COMMISSION; Jay Clayton, in his official capacity as Chairman of the U.S. Securities and Exchange Commission; William P. Barr, U. S. Attorney General, in his Official Capacity as, Defendants—Appellees.
CourtU.S. Court of Appeals — Fifth Circuit

ON PETITION FOR REHEARING EN BANC

Per Curiam:

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. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Cir.R. 41.3, the panel opinion in this case date August 11, 2020, is vacated.

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3 cases
  • Axon Enter., Inc. v. Fed. Trade Comm'n
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 28 d4 Janeiro d4 2021
    ...en banc in a directly analogous case and, thus, has vacated a panel decision following the majority's reasoning. See Cochran v. SEC , 978 F.3d 975 (5th Cir. Oct. 30, 2020). Finally, I find the dissents in several of those cases to be more persuasive. See Cochran v. SEC , 969 F.3d 507, 519 (......
  • Cochran v. U.S. Sec. & Exch. Comm'n
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 13 d1 Dezembro d1 2021
    ...on the removal power claim. See id. at 518 & n.1 (Haynes, J., dissenting in part). We then granted rehearing en banc. Cochran v. SEC , 978 F.3d 975 (5th Cir. 2020) (mem.).II. Jurisdiction and Standard of Review The sole issue on appeal is whether the district court had subject-matter jurisd......
  • Whole Woman's Health v. Paxton
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 30 d5 Outubro d5 2020

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