Harris v. Amgen, Inc.

Judge KOZINSKI,

with whom Judges O’SCANNLAIN, CALLAHAN and BEA join, dissenting from the denial of rehearing en banc:

The Supreme Court has previously admonished us for ignoring a grant, vacate and remand (GVR) order and “reinstating [our] judgment without seriously confronting the significance of the cases called to [our] attention.” Cavazos v. Smith, — U.S. -, 132 S.Ct. 2, 7, 181 L.Ed.2d 311 *923(2011). We’re at it again. In Fifth Third Bancorp v. Dudenhoeffer, — U.S. —, 134 S.Ct. 2459, 189 L.Ed.2d 457 (2014), the Supreme Court created stringent new requirements for plaintiffs who sue fiduciaries…