Cochran v. Sec. & Exch. Comm'n, No. 19-10396

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM.
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.
Docket NumberNo. 19-10396
Decision Date30 October 2020

978 F.3d 975 (Mem)

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.

No. 19-10396

United States Court of Appeals, Fifth Circuit.

FILED October 30, 2020


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

978 F.3d 976

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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4 practice notes
  • Cochran v. U.S. Sec. & Exch. Comm'n, 19-10396
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 13, 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......
  • Axon Enter., Inc. v. Fed. Trade Comm'n, 20-15662
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 28, 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, 19-10396
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 13, 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, 17-51060
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 30, 2020
    ...In His Official Capacity, Defendants—Appellants.No. 17-51060United States Court of Appeals, Fifth Circuit.FILED October 30, 2020Per Curiam:978 F.3d 975 A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court's own motion, to rehear......
4 cases
  • Cochran v. U.S. Sec. & Exch. Comm'n, 19-10396
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 13, 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......
  • Axon Enter., Inc. v. Fed. Trade Comm'n, 20-15662
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 28, 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, 19-10396
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 13, 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, 17-51060
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • October 30, 2020
    ...In His Official Capacity, Defendants—Appellants.No. 17-51060United States Court of Appeals, Fifth Circuit.FILED October 30, 2020Per Curiam:978 F.3d 975 A majority of the circuit judges in regular active service and not disqualified having voted in favor, on the Court's own motion, to rehear......

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