· 6/2/1995
United States v. Martin J. Cote Patricia S. Caldwell
Citations
- 51 F.3d 178
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 law of the case doctrine only applies “when the issue in question was actually considered and decided”
- emphasizing that “a district 5 court could not revisit its already final determinations unless the mandate allowed it”
- noting that the issue 6 || in question must have been “actually considered and decided by the first court” for the doctrine to apply
- stating that the rule of mandate prevents a court from “revisiting] its already final determinations unless the mandate allowed it”
- noting 16 that a district court must still consider and decide matters left open by the mandate
- “[T]he law of the case acts as a bar only when the issue in question was actually considered and decided by the first court.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Trott, Fitzgerald
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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