Law360, Los Angeles (October 31, 2011, 7:06 PM ET) -- The Ninth Circuit on Monday withdrew its June decision affirming the dismissal of a proposed antitrust class action aimed at forcing television programmers and pay-TV providers to sell channels individually, setting the stage for a possible rehearing of the appeal.
U.S. Circuit Judges Consuelo M. Callahan and Sandra S. Ikuta ordered that their June 3 decision affirming a California district court’s 2009 dismissal of the suit be withdrawn, and an appellate panel reconstituted by drawing a third judge. Judge Pamela Ann Rymer, the third judge in...