I love being right all the time.

You love it too, except having to hear me brag about it.

October 28, 2021: “That said, this amended ruling is very likely to lead to an en banc review. Hang in there.”

Anyway, so here’s the real news–the Eleventh Circuit today vacated the amended panel ruling and granted en banc review. So the Defendant–and all the amici that can fit in the boat–will have their say before the fully assembled Avengers squadron over at the Eleventh Circuit Court of Appeals.

Obviously if you are facing a Hunstein class action now would be a great time to move to stay it pending the outcome of the en banc review.

And if you’re thinking about filing a new Hunstein class action, now would be a good time to take up a hobby instead. 100% chance Eleventh Circuit reverses opinion. Likely on standing grounds–which is a good news bad news situation, but that’s a topic for another day.

You can read the order vacating Hunstein here: Hunstein

I’m not mentioned by name in the order for some reason, but I’m sure that was an oversight.