Perspective
Sep. 13, 2014
Law of the case — a case in point
Determining whether an issue was explicitly or implicitly decided can raise profound difficulties. By James C. Martin, Paula M. Mitchell and Anne M. Grignon
"Law of the case" is one of those judicially developed doctrines, like collateral estoppel and mootness, which bring necessary efficiencies to dispute resolution. Under the doctrine, a "decision of an appellate court on a legal issue must be followed in all subsequent proceedings in the same case." U.S. v. Jingles, 702 F.3d 494, 498 (9th Cir. 2012) (first opinion law of the ca...
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