The Volokh Conspiracy - "Further Consideration of This Appeal Pends the Supreme Court's Decision":

This is from the Ninth Circuit's order in Im v. Mukasey:

The Opinion filed August 13, 2007, appearing at 497 F.3d 990 (9th Cir. 2007), is withdrawn. Further consideration of this appeal pends the Supreme Court's decision in Negusie v. Mukasey, No. 07-499, or further order of this court. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

This is an interesting linguistic move, it seems to me. "Pend" is used to mean "awaits" or "is delayed until," but the dictionaries I've checked don't note such a meaning for the verb. Yet "pending" does mean "while awaiting" or "[r]emaining undecided [or] awaiting decision or settlement" (I quote the OED here), so "pend" seems to be used as a back formation from that meaning of "pending." In any case, not unreasonable, though based on my experience and my quick online searches, highly unidiomatic.

	[Eugene Volokh, April 14, 2008 at 10:14am] Trackbacks "Further Consideration of This Appeal Pends the Supreme Court's Decision": This is from the Ninth Circuit's order in Im v. Mukasey: The Opinion filed August 13, 2007, appearing at 497 F.3d 990 (9th Cir. 2007), is withdrawn. Further consideration of this appeal pends the Supreme Court's decision in Negusie v. Mukasey, No. 07-499, or further order of this court. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit. This is an interesting linguistic move, it seems to me. "Pend" is used to mean "awaits" or "is delayed until," but the dictionaries I've checked don't note such a meaning for the verb. Yet "pending" does mean "while awaiting" or "[r]emaining undecided [or] awaiting decision or settlement" (I quote the OED here), so "pend" seems to be used as a back formation from that meaning of "pending." In any case, not unreasonable, though based on my experience and my quick online searches, highly unidiomatic.