Jeld-Wen, Inc. v. Van Brunt (In Re Grossman's Inc.)

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This Court’s Internal Operating Procedure provides:

It is the tradition of this court that the holding of a panel in a precedential opinion is binding on subsequent panels. Thus, no subsequent panel overrules the holding in a precedential opinion of a previous panel. Court en banc consideration is required to do so.

Third Circuit I.O.P. 9.1. We adhere strictly to that tradition. It is only on a rare occasion that we overrule a prior prece-dential opinion. We assemble en banc to consider whether this is such an occasion.

In the appeal before us, the…