"Prior Panel Precedent" Rule

Submitted by Anonymous (not verified) on Tue, 10/07/2014 - 16:30
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Cannot Overrule Prior Panel In McNeal, the 11th Court of Appeals was presented with the issues whether it could its mind, that is whether it was bound by the Court's "prior panel precedent" rule to Folendore and allow the strip down of wholly underwater liens in a chapter 7 case despite the Supreme Court's decision in Dewsnup. Timm, 502 U.S. 410 (1992).

Under the prior precedent rule, "a panel cannot overrule a prior one's holding even though convinced it was wrong." United States v. Steele, 147 F. 3d 1316 (11th Cir. 1998)(en banc).

Clearly Contrary Opinion RequiredThis article explains that the 11th Circuit in the case of Main Drug, Inc. v. Aetna U.S. Healthcare, Inc., 475 F.3d 1228 (11th Cir. 207), held that “‘[w]ithout a clearly contrary opinion of the Supreme Court or of this court sitting en banc, we cannot overrule a decision of a prior panel of this court.’”

Jordan E. Bublick is a Miami Bankruptcy Lawyer