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 law of the case

The law of the case is a legal term of art that is applicable mainly in common law, or Anglo-American, jurisdictions that recognize the related doctrine of stare decisis. The phrase refers to instances where "rulings made by a trial court and not challenged on appeal become the law of the case." "Unless the trial court's rulings were clearly in error or there has been an important change in circumstances, the court's prior rulings must stand." Usually the situation occurs when either a case is on appeal for the second time--e.g. if the reviewing court remanded the matter to the trial court and the party appeals again or if the case was appealed in a higher appellate court—for example, from an appellate court to the highest court.


As generally used, "law of the case" states that, if an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same.

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updated Fri. July 12, 2024

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Like it or not -- and most developers hate it -- the US Federal Circuit Court of Appeals ruled in 2014 that APIs could be copyrighted. Because of that decision, the legal battle between Google and Oracle over whether Google had the right to use Java APIs in Android without compensation has dragged on for ...

“That ruling is the law of the case, and the court therefore erred in dismissing the complaint based on the very statutory presumption that we held inapplicable in the prior appeal,” they wrote. The appeals entered a judgment in Sweetman's favor in the amount of $58,814. Sweetman's attorney, David Tennant ...
Holding: Despite this court's previous reversal of a 2015 order terminating respondent's parental rights on the basis of abandonment – which essentially gave respondent a second chance to assert her rights as a parent – she still did not have even minimal contact with the child. The law of the case doctrine ...
In opposition to defendants' motion, plaintiffs argued the law of the case doctrine or in the alternative that the court should apply Pennsylvania law instead. Id. Their law of the case argument was based on the judge's decision in three prior Risperdal cases to apply the punitive damages law of plaintiff's ...
This is an application of the law of the case doctrine. In Maracina v. Schirrmeister, 152 A.D.2d 502 (1st Dept., 1989), for example, the Appellate Division granted the plaintiff partial summary judgment on the issue of liability and remanded the matter for an assessment of damages. Following jury selection, but ...
Barbee, 134 N.C. App. 728, 739, 518 S.E.2d 571, 573 (1999) (holding that the first Court of Appeals opinion establishes the law of the case). But going beyond those immediately affected, what becomes of the issues raised in the Supreme Court via an appeal or petition that is affirmed without precedential ...
Law360, New York (October 27, 2017, 4:01 PM EDT) -- Former Competitive Power Ventures Holdings LLC executive Peter G. Kelly Jr. told a Manhattan federal judge Thursday that courthouse wall hangings commemorating the Second Circuit's 125-year history are prejudicial to him and three co-defendants set for a ...
In a claim newly added to this multidistrict litigation, the court exercises its discretion to apply the law of the case doctrine and adheres to its ruling in the previously consolidated cases that a sustained overdraft fee – charged against a deposit account that stays overdrawn for 10 days – is a service charge ...


 

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