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· 11/22/2005

Transamerica Leasing, Inc. v. Institute of London Underwriters

Citations

  • 430 F.3d 1326
  • 2006 A.M.C. 147
  • 2005 U.S. App. LEXIS 25128
  • 2005 WL 3110515

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 could address a standing issue on remand that was not decided on the previous appeal
  • explaining that the mandate rule and the broader law of the case doctrine “cannot apply when the issue in question was outside the scope of the prior appeal”
  • noting that the law-of-the-case doctrine only applies to the extent the issue in question was within the scope of the prior appeal
  • “Our case law could not be clearer that the law of the case doctrine cannot apply when the issue in question was outside the scope of the prior appeal.”
  • “Because the issue of a loss payee’s standing to sue was in no way a part of the first appeal, neither the law of the case doctrine nor the mandate rule prevented the district court from considering that question on remand.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hull, Marcus, Hill

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.