The Sixth Circuit has denied Abercrombie & Fitch’s petition for rehearing and en banc review of its decision in Booth Family Trust v. Jeffries (09-3443) that the voluntary recusal of a member of a special litigation committee served as an effective admission that he was not independent.  None of the active judges on the Court voted to accept the case, which centered on questions of Delaware law.  Judge Griffin voted for panel rehearing for the reasons given in his dissent.  We covered the en banc petition here, and our analysis of the original panel decision is here.