United States Ninth Circuit

Where the reasoning of prior circuit authority is clearly irreconcilable with reasoning of higher intervening authority, a three-judge panel should consider itself bound by the later and controlling authority, and should reject the prior circuit opinion (here as to immunity of family-service social workers) as having been overruled.

Appellate Information

• Argued 12/09/2002
• Decided 07/09/2003
• Published 07/09/2003

Judges

• Before: SCHROEDER, Chief Judge, KOZINSKI, O'SCANNLAIN, RYMER, T.G. NELSON, TASHIMA, McKEOWN, FISHER, PAEZ, TALLMAN, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Stephen D. Quinn, Carson City, Nevada, for the defendants-appellants., Calvin R.X. Dunlap and Carolyn Kubitschek, Lansner & Kubitschek, New York, New York, for the plaintiffs-appellees.