I.O.P. 9.1: Policy of Avoiding Intra-circuit Conflict of Precedent
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — I.O.P. Chapter 9. En Banc Consideration
It is the tradition of this court that the holding of a panel in a precedential opinion is binding on subsequent panels. Thus, no subsequent panel overrules the holding in a precedential opinion of a previous panel. Court en banc consideration is required to do so.