Eplus, Inc. v. Lawson Software, Inc.

NEWMAN, Circuit Judge, with whom O’MALLEY and WALLACH, Circuit Judges, join,

dissenting from denial of the petition for rehearing en banc.

I respectfully dissent .from the court’s refusal to rehear this case en banc. Several issues warrant the court’s attention, for they raise fundamental concerns of the finality of judgments, of the relation between branches of government, of judicial responsibility, and of consistency with the regional circuits in procedural law.

I

The panel majority holds that the district court’s and this court’s judgments were not final, and on this ground rules that…