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11th Circuit Dismisses Corbitt v. Home Depot U.S.A., Inc.

Posted: July 28, 2010 Filed under: Law-Related News, Uncategorized

Earlier posts on this blog (July 20, 2009, and March 14, 2010) discussed the split decision by a panel of the Eleventh Circuit Court of Appeals in Corbitt v. Home Depot U.S.A., Inc. and that same court’s later decision to rehear the case en banc (hearing by all of the judges on the court rather than the original panel of only three judges).

An order released earlier this week suggests the parties have now settled their differences. In this order released July 27, 2010, the Eleventh Circuit granted a “a Joint Motion to Dismiss Appeal with Prejudice.” Perhaps more importantly, the original panel decision in favor of Home Depot has no value as precedent because that decision had been vacated by the order for rehearing en banc:

The panel opinion, published in 589 F.3d 1136, had already been vacated by our order granting rehearing en banc. Corbitt v. Home Depot U.S.A., Inc., 598 F.3d 1259, 1259 (11th Cir. 2010) (en banc). The judgment of the district court is vacated and the case is remanded to the district court with instructions that the case be dismissed.

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