South Atlantic Ltd. Partnership of Tennessee v. Riese

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that a mandate must be “scrupulously and fully carried out” (internal quotation marks and citation omitted)
• the district court “must attempt to implement the spirit of the mandate[,] and the court may not alter rulings impliedly made by the appellate court”
• mandate rule “forecloses litigation of issues decided by the 3 district court but foregone on appeal or otherwise waived”
• “We 10 review de novo . . . whether a post-mandate judgment of a district court contravenes the mandate rule, or whether the mandate has been ‘scrupulously and fully carried out.’” (quoting 2A Fed. Proc., L. Ed. § 3:1016)
• “Under the mandate rule, a district court cannot reconsider issues the parties failed to raise on appeal . . . .” (citing United States v. Bell, 5 F.3d 64, 66 (4th Cir. 1993))
• “We review de novo . . . whether a post-mandate judgment of a district -5- court contravenes the mandate rule, or whether the mandate has been ‘scrupulously and fully carried out.’” (quoting 2A Fed. Proc., L. Ed. § 3:1016)

Source: CourtListener parenthetical corpus (CC0).