Garamendi

Gerling Global Reinsurance Corp. of America v. Garamendi

Good Law
410 F.3d 531·2005 WL 1313603
United States Court of Appeals for the Ninth CircuitJune 3, 2005Nos. 04-15332, 04-15455California180 words

Lead Opinion

ORDER

The opinion filed March 10, 2005, slip op. 3137 and appearing at 400 F.3d 803 (9th Cir.2005), is amended as follows:

400 F.3d at 809 (slip op. at 3150, 10th line from the bottom of the page): Following the citation at the, end of the sentence, ‘We conclude that the unaddressed due process and Commerce Clause claims ... pass the ‘substantiality’ test and therefore support an award of fees to the plaintiffs,” add the following footnote and renumber the subsequent footnotes accordingly:

With the opinion thus amended, the panel has voted unanimously to deny the petition for rehearing. Judges Graber and Paez have voted to deny the petition for rehearing en banc, and Judge Goodwin recommended denial.

The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing is DENIED and the petition for rehearing en banc is DENIED.

No subsequent petitions for rehearing or petitions for rehearing en banc may be filed.