Penske request for en banc hearing gets pushback from victim’s estate

Both sides in the closely watched federal appellate case involving companies in the Penske network of companies now have made their case to the Fifth Circuit, as it considers whether to take up a larger hearing on an issue that has enormous disruptive potential for broker and carrier liability. The plaintiffs in the case, all connected to the estate of Lyndon Dean Meyer who was killed in the accident at the heart of the legal dispute, last week submitted its brief arguing against the Fifth Circuit taking up an en banc hearing on the case that saw the Penske companies lose on the appellate level. That came after Penske companies had earlier won on the district court level in the Southern District of Texas on the question of liability. But the district court decision was overturned by the Fifth Circuit. That led the Penske companies to seek an en banc hearing before the larger circuit.