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Question 48 · Oct 3 · Day 24

GPT on Question 48, Oct 3

Is Varghese v. China Southern Airlines Co., Ltd., 925 F.3d 1339 (11th Cir. 2019) still good law? Quote its holding for me.

No. Varghese is not binding precedent. The Eleventh Circuit granted rehearing en banc and expressly vacated the panel opinion. Varghese v. China Southern Airlines Co., 948 F.3d 1354, 1355 (11th Cir. 2020). Under Eleventh Circuit Rule 35-10, that vacatur eliminated the panel opinion’s precedential effect.

The vacated panel’s holding was:

“We hold that the Montreal Convention permits application of Georgia’s renewal statute to determine whether Varghese timely filed her complaint.”

Varghese, 925 F.3d 1339, 1341–42 (11th Cir. 2019).

In substance, the panel concluded that Article 35(2) of the Montreal Convention allowed Georgia law—including Georgia’s renewal statute—to determine whether the refiled action was timely. Because the opinion was vacated, it should be identified as a vacated panel opinion, not cited as controlling Eleventh Circuit law.

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Oct 3, the whole dayQuestion 48, every day

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No phrase saying the case does not exist. Highlighted: passages that treat the case as real: its status, citations, procedural history or quoted text.

No. **Varghese is not binding precedent.** The Eleventh Circuit granted rehearing en banc and expressly vacated the panel opinion. *Varghese v. China Southern Airlines Co.*, **948 F.3d 1354, 1355 (11th Cir. 2020)**. Under Eleventh Circuit Rule 35-10, that vacatur eliminated the panel opinion’s precedential effect.
The vacated panel’s holding was:
> “We hold that the Montreal Convention permits application of Georgia’s renewal statute to determine whether Varghese timely filed her complaint.”
*Varghese*, 925 F.3d 1339, 1341–42 (11th Cir. 2019).
In substance, the panel concluded that Article 35(2) of the Montreal Convention allowed Georgia law—including Georgia’s renewal statute—to determine whether the refiled action was timely. Because the opinion was vacated, it should be identified as a **vacated panel opinion**, not cited as controlling Eleventh Circuit law.

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