Can a three-judge panel overrule a prior decision of the court?
MultiRegion, United States of America
The following excerpt is from Aspen Skiing Co. v. Cherrett (In re Cherrett), 873 F.3d 1060 (9th Cir. 2017):
As a three-judge panel, we aren't free to disregard our prior holdings. See Miller v. Gammie , 335 F.3d 889, 899 (9th Cir. 2003) (citing the "unassailable" proposition "that a three-judge panel may not overrule a prior decision of the court"). Not only that, it's beyond debate that "where no facts are in dispute our entire review is de novo."
[873 F.3d 1070]
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