A panel of the 11th U.S. Circuit Court of Appeals has removed U.S. District Senior Judge Marvin H. Shoob from a long-running stock fraud case, saying the senior judge failed to follow the appellate court’s instructions when it remanded the case for the second time in 2009.
“Our instructions were not suggestions,” the panel noted in its Sept. 27 opinion. “Because of the burden of responsibility the Circuit Court bears, we must insist that the instructions that we set out in our opinions be taken, for the pertinent cases, as command: the mandate. The Circuit Court’s orders to the District Court to take a specific action must be treated seriously and carried out fully.”
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