Resale Rights Fight Not Over Yet

Hope everyone had a happy Halloween.

Not quite scary as much as shocking, news broke yesterday that the 9th Circuit Court of Appeals will be rehearing the resale rights arguments, en banc (which means that it’s quite possible that all of the 9th Circuit judges will hear the arguments).

What the heck does that mean? Here’s Nicholas O’Donnell,

Ordinarily, an appeal to the full circuit court follows an adverse decision from a three-judge panel. Typically, the dissatisfied party asks the entire court, which can be several or dozens of judges, to consider the matter as a whole. Here, the Court itself took notice an initiated the en banc question before a panel decided it.

O’Donnell has a good overview here. More via Reuters.

Tags: appeal, Art Law, california, Christies, chuck close, commerce clause, droit de suite, eBay, en banc, ninth circuit court of appeals, resale rights, Sotheby's