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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 290

Citation
§ 290
Parent Document
Francis v. Kings Park Manor, Inc., 992 F.3d 67 (2021)
Effective Date
2021-03-25

Other Sections in This Document (993)

Full Text

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8Aside from this purely speculative policy concern, my colleagues in the majority who
voted to proceed in banc leave unanswered why the very limited issue before us
(whether the specific allegations in a complaint satisfy the plausibility pleading
standard) still qualifies as a “question of exceptional importance.” See Fed. R. App. P.
35(a)(2) (“An en banc . . . rehearing is not favored and ordinarily will not be ordered
unless . . . the proceeding involves a question of exceptional importance.”).