U.S. Court of Appeals for the Fourth Circuit · 2000 · Torts
TortsMaritime lawWrongful deathLongshore and Harbor Workers' Compensation Actrehearing en bancwrongful deathmaritime negligenceunseaworthiness
Facts
The provided majority text does not recount the underlying accident facts or the specific conduct at issue. The opinion text here consists only of the court's order denying rehearing en banc, followed by a dissent from that denial. The dissent indicates the panel opinion had recognized a wrongful death action in maritime negligence involving a worker injured aboard a vessel, but the majority order itself states no facts beyond the petition for rehearing and the voting results.
Issue
Whether the Fourth Circuit should grant rehearing en banc on appellees' petition. The provided majority text does not state any substantive merits issue beyond that procedural question.
Rule
A petition for rehearing en banc is denied when a poll of the judges in active service fails to produce a majority in favor of rehearing.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In the Fourth Circuit, Lark Marine Services loses a panel appeal arising from a tort suit in Baltimore, Maryland. The company files a petition for rehearing en banc, and after a poll is requested, 5 active judges vote for rehearing while 7 active judges vote against it.
What is the proper disposition of the petition?
Explanation. The majority opinion establishes only a procedural rule: when a poll on rehearing en banc fails to produce a majority of judges in active service in favor of rehearing, the petition is denied. The fact that a poll was requested or that several judges favored rehearing does not suffice without a majority.