The U.S. Court of Appeals for the First Circuit wasted little time in denying Defendants’ request for “rehearing,” or reconsideration, in our recent victory in Milward. A panel of three First Circuit judges issued the opinion in Brian Milward’s favor on March 22. The panel included the Chief Judge of the First Circuit, Sandra Lynch, who wrote the opinion. On April 5, Defendants asked the court for a rehearing before all six of the active judges in the First Circuit. The court quickly denied the request on April 13, without even asking for the Milwards to respond.
Defendants now have 90 days in which to ask the United States Supreme Court to hear the case.