11th Circuit Grants En Banc Hearing Sua Sponte in Sex Harassment Case
Plaintiffs attorney Edward Hawkins and law professor Eric Schnapper of the University of Washington had petitioned the U.S. Supreme Court to reconsider a sexual harassment case brought by two men against Home Depot USA Inc.
But they had made such no request of the Atlanta-based 11th U.S. Circuit Court of Appeals concerning the case. Hence, they were very surprised to hear that the appellate court, on its own, had decided to grant an en banc hearing in Corbitt v. Home Depot without a request by either party, reports Corporate Counsel.
“We don’t know what to make of it,” Hawkins, who practices in Mobile, Ala., tells the legal publication. “They’ve had trouble on this case.”
His opposing counsel couldn’t be reached by Corporate Counsel for comment.
The 11th Circuit explains in a March 10 order granting the en banc hearing that it acted in response to a request by one judge to take a poll on whether the case should be reheard. At that point, a majority of the judges voted in favor of the en banc hearing.