January 2004

Judge to hear Trigon arguments Feb. 24

A three-judge panel of the 4th Circuit Court of Appeals will hear oral arguments in the Trigon lawsuit on February 24th in Richmond, Virginia.

According to the American Chiropractic Association, one week before the hearing, two copies of all the appeal briefs filed by either side will be given to each of the three panel judges. Each judge will then provide a copy to his/her clerk, and for the next week they will discuss with each other the case and begin to form their individual decisions.

Judges will not speak to one another during this period. Following the oral testimony, the judges will meet together for the first time; discuss the case and issue their decisions. The most senior member of the court will decide who will write the majority opinion.

The panel will issue its judgment 30-90 days later. The decision could be a denial of the appeal or an order supporting one or all parts of the appeal, including remanding of the case back to the original judge ordering a jury trial.

Source: American Chiropractic Association, www.amerchiro.org

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