Tag Archives: Law of the Case

Tenth Circuit Expresses Doubt About Whether An Order Denying Absolute Litigation Privilege Is Appealable Under the Collateral Order Doctrine

In Vivos Therapeutics. v. Ortho-Tain, No. 24-1061 (10th Cir. July 8, 2025), the panel suggests in dicta that “orders denying absolute immunity under the litigation privilege” may not be subject to interlocutory appeal under the collateral order doctrine, though it ultimately dismisses the appeal on other grounds. Colorado state law recognizes an absolute litigation privilegeContinue reading “Tenth Circuit Expresses Doubt About Whether An Order Denying Absolute Litigation Privilege Is Appealable Under the Collateral Order Doctrine”

Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions

In Zeyen v. Bonneville Joint Dist., No. 23-35438 (9th Cir. Aug. 23, 2024), the Ninth Circuit holds that when an open case is reassigned to a new district court judge, the successor may only reverse a predecessor’s decision when it is both “clearly erroneous and . . . its enforcement would work a manifest injustice.”Continue reading “Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions”

“Law of the Case” Does Not Apply to Subject-Matter Jurisdiction Ruling by Motion Panel, Holds Split Eighth Circuit Panel

In Nordgren  v.  Hennepin Cnty., No. 22-1902 (8th Cir. Mar. 21, 2024), a 2-1 Eighth Circuit panel holds that a merits panel may reconsider the timeliness of an appeal even after a motion panel has already denied a motion to dismiss on the same ground, notwithstanding the “law of the case” doctrine. In a §Continue reading ““Law of the Case” Does Not Apply to Subject-Matter Jurisdiction Ruling by Motion Panel, Holds Split Eighth Circuit Panel”

Prior Panel Opinion at Preliminary Injunction Stage Was Law of the Case and Thus Binding on Second Appeal of Summary Judgment, Holds Third Circuit

In Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 19-3142 (3d Cir. Sept. 1, 2020) – a constitutional challenge to the state’s ban on large capacity magazines (“LCMs”) – the panel holds that the first appellate decision in the case denying a preliminary injunction (910 F.3d 106, 111Continue reading “Prior Panel Opinion at Preliminary Injunction Stage Was Law of the Case and Thus Binding on Second Appeal of Summary Judgment, Holds Third Circuit”