What is the test for re-examining an opinion from a panel of the 9th Circuit?
MultiRegion, United States of America
The following excerpt is from Or. Rest. & Lodging Ass'n v. Perez, 816 F.3d 1080 (9th Cir. 2016):
1 As a three-judge panel of this circuit, we are bound by prior panel opinions and can only reexamine them when "the reasoning or theory of our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority." Miller v. Gammie,335 F.3d 889, 893 (9th Cir.2003) (en banc). Here, our circuit precedent is clear and there has been no intervening higher authority. Therefore, we are bound to follow precedent.
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