Del Marcelle v. Brown County Corp.

Five judges have voted to affirm the district court’s judgment and five to remand for further proceedings. The result of this tie vote is affirmance, because it takes a majority to reverse a judgment.

Although it is customary not to issue opinions when an appellate court affirms on a tie vote, there are occasional departures. See, e.g., School District of the City of Pontiac v. Secretary of Education, 584 F.3d 253 (6th Cir.2009) (en banc); United States v. McFarland, 311 F.3d 376, 417-20 and n. 1 (5th Cir.2002) (en banc) (dissenting opinion, collecting cases); United States v. Walton, 207 F.3d…