· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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