August 20, 2019

Tenth Circuit: Opinion Amended to Omit References to the Panel’s Improper Discussion of the Dismissal of the Cross-Appeal

The Tenth Circuit Court of Appeals amended its opinion in James River Ins. Co. v. Rapid Funding, LLC on Monday, August 29, 2011.

The Tenth Circuit reviewed a Petition For Limited Rehearing filed on behalf of James River Insurance Company, as well as a Petition For Rehearing En Banc filed on behalf of Rapid Funding, LLC. The Petition For Limited Rehearing was reviewed by the panel members and was denied. The panel also reviewed the Petition For Rehearing En Banc, which was granted in part and denied in part. The Court granted limited rehearing about the portion of the petition that noted that the panel addressed the dismissed cross-appeal in error. The Court amended its original decision to omit those references. The amended version was attached to the new order and the remainder of the petition was denied in full. The en banc request was also denied.

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