Reported / Citable
Background
Bret Bodin, Brad Newell, Darian Morgan, Michael Rosas, Mid-City Mike Rentals, L.L.C., and Airbnb, Incorporated appealed in litigation against the City of New Orleans arising in the Eastern District of Louisiana.
After the Fifth Circuit’s earlier disposition, the appellants petitioned for rehearing en banc. The October 30 order addresses only that rehearing request and does not restate the underlying dispute or the panel’s earlier ruling.
The Court’s Holding
The Fifth Circuit treated the petition for rehearing en banc as also seeking panel rehearing under the court’s internal operating procedures. The panel denied rehearing.
The full court also denied rehearing en banc. A judge requested a poll, but only eight judges voted for rehearing while nine voted against it, so the petition failed to obtain the required majority.
Key Takeaways
- The three-judge panel denied panel rehearing.
- The court denied rehearing en banc after an 8–9 vote against granting review.
- The order leaves the Fifth Circuit’s prior disposition in place without revisiting its merits.
Why It Matters
The closely divided poll shows substantial disagreement within the Fifth Circuit over whether the full court should reconsider the case. Nevertheless, because a majority did not favor rehearing, the court’s earlier decision remains operative.