[nagrom]

In case anyone else is confused, the term "en banc" refers to a case which is heard before all the judges on the bench for that court, rather than just one. En banc hearings are generally made in cases deemed of extreme importance. As such, this is a fairly strong finding.

[sthu11182]

You are somewhat close but a little confused on the meaning of en banc. From my brief scan of the link, the trial judge was Judge Alsup of the Northern District of California (San Francisco) which awarded fees. Judge Aslup reduced the fees. The case was appealed to the 9th circuit to a three judge panel on at least the fees issue (presumably other issues as well). The three judge panel (normal appellate practice) sided with Judge Alsup.

At that point, the only option legally to appeal the appellate court is to ask for an en banc hearing with all (or eleven judges pointed out below) the appellate court judges in the 9th circuit or go to the supreme court (which is unlikely for the issue). en banc is not necessarily a case or issue of extreme importance but another appeal mechanism and also a way for the appellate court to clarify a rule of law or reverse course on a rule of law. en banc happens often in the appellate courts.

Edit: I scanned the en banc opinion - it was purely about fees calculation stating "We reheard this appeal en banc to clarify the standards applicable to awards of attorneys’ fees under the EAJA."

[jMyles]

> In case anyone else is confused, the term "en banc" refers to a case which is heard before all the judges on the bench for that court, rather than just one.

Rather than just three, no? When I argued pro se in front of the 2nd circuit (which was a great time, btw - I highly recommend it), it was in front of three judges.

[ehasbrouck]

Generally a case is heard "en banc" by a larger panel only as an appeal -- at the discretion of the court -- from an inital decision of a 3-judge panel. In most of the circuits, en banc rehearing is before all the judges of that circuit. The 9th Circuit is so large and has so many circuit judges that even en banc appeals are haeard by only a subset of the circuit judges. An en banc panel in the 9th Circuit consists of 11 judges: http://cdn.ca9.uscourts.gov/datastore/general/2017/02/10/En_...