No en banc review – barely.
August 5, 2019The panel opinion in McPherson v. Rudman affirmed a defense verdict in a medical-malpractice case. The plaintiff sought en banc review, which was denied — barely. Justice Schenck, who wrote the panel opinion, authored a strongly-written concurrence; Justice Partida-Kipness’s dissent was joined by five of the other Democratic Justices.