JACOBS, Circuit Judge, concurring: The in banc majority, naturally, has limited its review to the legal issues presented, and therefore the majority opinion does not address Chief Judge Newman’s fact-specific argument that the panel arrived at the wrong result in this case. As the author of the panel opinion, I write separately to meet the *1348 d…
Read the full opinion (source) ↗
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Citation figures are counts of later citing opinions in our corpus and may be incomplete; always read and Shepardize the full opinion before relying on it.