This past December 26, days before Judge Thomas Vanaskie’s retirement from the Third Circuit took effect, the court issued an opinion authored by Judge Vanaskie in Jaroslawicz v. M&T Corp., link here. The opinion reversed the dismissal of a shareholder suit arising from a bank merger.

Yesterday, with this order, the panel (Judges McKee and Siler CA6 by designation) granted the petition for rehearing, vacated its opinion, and reconstituted the panel to replace Judge Vanaskie with Judge Paul Matey.

In a separate order, the court directed the parties to submit supplemental briefs on whether a 1976 Third Circuit opinion conflicted with a later Third Circuit opinion and opinions from two other circuits on the degree of culpability required for claims under § 14(a) of the Exchange Act and on when certain regulatory risks must be disclosed.