A Unanimous Three-Judge Panel Opinion, With a Unanimous Concurrence by the Same Three Judges. Huh??

Lincoln Benefit Life Co. v. AEI Life, LLC, ___ F.3d ___ (3d Cir. 2015).  For a single judge on a three-judge Third Circuit panel to issue a concurring opinion is not unusual, as in this recent example.  Occasionally, two out of three judges join in a concurrence, as recently happened here.  But it is extraordinary, […]

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