Legal Opinion
Gilliard v. Oswald
Court of Appeals for the Second Circuit
Decided March 16, 1977No. 532, Docket 76-2109PublishedCited by 15 opinions
1Opinion of the Court
The future effectiveness of the overburdened federal courts depends in large measure upon wise allocation of judicial energy. Extension of the en bane rehearing procedure in an era of increasingly congested dockets is an extravagance we simply cannot afford. F.R.A.P. 35 instructs that the en banc mechanism is “not favored” and strictly limits its use to cases of “extraordinary importance” or to resolve a clear and direct conflict between the decisions of different panels of the court. In practice en bancs are time-consuming and cumbersome, and only rarely produce dispositive resolution of…
2Cases cited4 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
- United States Ex Rel. Harold Walker v. Vincent R. Mancusi, Superintendent, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1972
- Raymond Gilliard v. Russell Oswald, Commissioner of Correctional Services, and J. Edwin Lavallee, Superintendent of Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1977
3Cited by15 opinions
- Watson v. GerenCourt of Appeals for the Second Circuit · 2009
- Marr v. StateDistrict Court of Appeal of Florida · 1985
- State v. DiamondDistrict Court of Appeal of Florida · 1989
- United States v. Myrtle M. LynchCourt of Appeals for the D.C. Circuit · 1982
- Richard Arnold, IV v. Eastern Air Lines, Inc. v. United States of America, Francis C. Mihalek v. Eastern Air Lines, Inc. v. United States of America, Helen Rae Weston, as of the Estate of Lewis M. Weston, Deceased v. Eastern Air Lines, Inc., the Aetna Casualty and Surety Company Aetna Insurance Company American Empire Insurance Company Commercial Union Insurance Company Compagnies D'AssurAnces Du Groupe Concorde Continental Casualty Company Employers Mutual Liability Insurance Company of Wisconsin Hartford Fire Insurance Company Industrial Indemnity Company Maryland Casualty Company Reliance Insurance Company Royal Indemnity Company St. Paul Fire and Marine Insurance Company Security Insurance Company of Hartford the Travelers Indemnity Company Underwriters at Lloyd's and Associated British Insurance Companies United States Fidelity and Guaranty Company United States Fire Insurance Company Zurich Insurance Company v. United States of America Bernard C. Groseclose Alden E. Hare William L. Hogan Dennis L. HunterCourt of Appeals for the Fourth Circuit · 1983
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