SIMPSON

v.

MISSOURI

Citator

Cited By

• Johnson v. DeSOTO Cnty. Bd. OF Comm'rs, 72 F.3d 1556 (11th Cir. 1996)
  …ty of Prichard, Ala., 661 F. 2d 1206, 1209 (11th Cir.1981) (en banc) (a prior panel decision cannot be overruled by another panel but must instead be followed by it); United States v. Woodard, 938 F. 2d 1255, 1258 n. 4 (11th Cir.1991), cert. denied, 502 U.S. 1109, 112 S.Ct. 1210, 117 L.Ed.2d 449 (1992). That the Gadsden County Court examined the intent issue as one of fact to be decided anew in that case is itself a holding, albeit an implicit one, that is binding upon this panel. In order to be consistent…
• Local Union 48 Sheet Metal Workers v. S.L. Pappas & Co., Inc., 106 F.3d 970 (11th Cir. 1997)
  …yer’s attempt to argue Deklewa was untimely. Id. at 1253. We again decline to speak to the viability of Deklewa because we must strictly follow the prior panel rule. See United States v. Woodard, 938 F. 2d 1255, 1258 (11th Cir.1991), cert. denied, 502 U.S. 1109, 112 S.Ct. 1210, 117 L.Ed.2d 449 (1992) (holding that “[t]he law in this circuit is emphatic that ‘only a decision by this court sitting en banc or the United States Supreme Court can overrule a prior panel decision,”’ quoting U.S. v. Machado, 804 F…
• Garrett v. The Univ. OF Ala. AT Birmingham Bd. OF Trs., 193 F.3d 1214 (11th Cir. 1999)
  …cision and was decided by our Court after the district court had made its determination in this case. We, of course, are bound by the decision of the Court in Kimel. See United States v. Woodard, 938 F. 2d 1255, 1258 (11th Cir.1991), cert. denied, 502 U.S. 1109, 112 S.Ct. 1210, 117 L.Ed.2d 449 (1992). We note also that certiorari has been granted in Kimel and any resulting decision of the Supreme Court will probably catch up with this case before a final determination of the merits of the plaintiffs’ clai…