In a recent decision, the Second Circuit dismissed former President Trump's appeal for en banc review regarding the E. Jean Carroll verdict, which found him liable for sexual assault and defamation. Despite allegations of evidence mishandling, Judges Chin, Carney, and Pérez affirmed the trial court's ruling, noting no abuse of discretion. Judges Chin and Carney notably criticized dissenting opinions for lacking substantive legal support. The case reflects broader themes of judicial authority and the standards governing en banc reviews in appellate courts.
"The dissent fails to cite contrary binding authority or any prior decisions that, upon review, actually conflict with the panel's decision; it fails to acknowledge the deferential standard of review that binds us."
"It is truly remarkable how the dissent appears to overlook the established principles of appellate review and the need for en banc sittings to address exceptional legal questions, not just disagreement with prior rulings."
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