· 4/24/1990
Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-Appellee
Citations
- 902 F.2d 703
- 11 U.C.C. Rep. Serv. 2d (West) 558
- 1990 U.S. App. LEXIS 6170
- 1990 WL 48595
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court’s application of the law of the case doctrine is reviewed for an abuse of discretion
- holding that any general remarks made by appellate court about who was the “prevailing party” constituted dicta which failed to trigger the law of case doctrine
- holding that any general remarks made by appellate court about who was the “prevailing party” constituted dicta which failed to trigger the law of case doctrine
- noting that the law of the case doctrine applies to issues “decided explicitly or by necessary implication in [the] previous disposition”
- explaining that the law of the case doctrine encompasses issues 19 decided “by necessary implication”
- explaining that for the doctrine to apply, the issue must have been explicitly or necessarily decided in the prior decision, and that the application of the doctrine is discretionary
Source: CourtListener parenthetical corpus (CC0).
Judges: Tang, Hall, Brunetti
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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