PUBLISHED
Filed: January 15, 2009
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
PALISADES COLLECTIONS LLC,
Plaintiff,
v.
CHARLENE SHORTS,
Defendant-Appellee,
v. No. 08-2188
AT&T MOBILITY LLC; AT&T (5:07-cv-00098-
MOBILITY CORPORATION, IMK)
Counter-Defendants-Appellants.
CHAMBER OF COMMERCE OF THE
UNITED STATES,
Amicus Supporting Appellants.
ORDER
The Court denies appellants’ petition for rehearing en banc.
No member of the Court requested a poll on the petition for
rehearing en banc. Judge Niemeyer filed an opinion dissent-
ing from the denial of rehearing en banc.
Entered at the direction of Chief Judge Williams.
For the Court
/s/ Patricia S. Connor
Clerk
2 PALISADES COLLECTIONS v. SHORTS
NIEMEYER, Circuit Judge, dissenting from the denial of
rehearing en banc:
While I find the petition for rehearing persuasive, I do not
request a poll of the court. Because there is a respectable divi-
sion of opinion on the issue of whether a party joined as an
additional defendant to a counterclaim has rights under the
Class Action Fairness Act, I prefer to release this case to the
early consideration of the Supreme Court. This is an impor-
tant issue of statutory interpretation, and the majority’s inter-
pretation creates an unfortunate loophole in the Class Action
Fairness Act that only the Supreme Court can now rectify.