Jessica Clippinger v. State Farm Automobile Ins. Co.

Opinion

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b)

File Name: 26a0028p.06

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐

JESSICA CLIPPINGER, nka Jessica Pyron, on behalf of │

herself and all others similarly situated, │

Plaintiff-Appellee, > No. 24-5421 │ │

v. │ │

STATE FARM AUTOMOBILE INSURANCE COMPANY, │ Defendant-Appellant. │ ┘

On Petition for Rehearing En Banc United States District Court for the Western District of Tennessee at Memphis.

No. 2:20-cv-02482—Thomas L. Parker, District Judge.

Decided and Filed: January 29, 2026

Before: SUTTON, Chief Judge; MOORE, CLAY, GRIFFIN, KETHLEDGE, THAPAR, BUSH, LARSEN, NALBANDIAN, READLER, MURPHY, DAVIS, MATHIS, BLOOMEKATZ, RITZ, and HERMANDORFER, Circuit Judges.

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COUNSEL

ON PETITION FOR REHEARING EN BANC and REPLY: Jeffrey B. Wall, Judson O. Littleton, SULLIVAN & CROMWELL LLP, Washington, D.C., Theodore J. Boutrous Jr., Bradley J. Hamburger, Daniel R. Adler, Matt Aidan Getz, GIBSON, DUNN & CRUTCHER LLP, Los Angeles, California, for Appellant. ON RESPONSE: Hank Bates, Lee Lowther, CARNEY BATES & PULLIAM, PLLC, Little Rock, Arkansas, Jacob L. Phillips, JACOBSON PHILLIPS PLLC, Winter Park, Florida, for Appellee. ON BRIEF: Adam G. Unikowsky, JENNER & BLOCK LLP, Washington, D.C., for Amici Curiae.

No. 24-5421 Clippinger v. State Farm Automobile Ins. Co. Page 2

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ORDER

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A majority of the Judges of this Court in regular active service has voted for rehearing en banc of this case. Under Sixth Circuit Rule 40(d), “[a] decision to grant rehearing en banc vacates the previous opinion and judgment or order of the court, stays the mandate, and restores the case on the docket as a pending appeal.”

Accordingly, it is ORDERED, that the previous decision and judgment of this Court are vacated, the mandate is stayed, and this case is restored to the docket as a pending appeal.

The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.

ENTERED BY ORDER OF THE COURT

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Kelly L. Stephens, Clerk