Federal Judge Dismisses Suit Alleging Cancer Risk From Cell Phone Use Sep 5, 2008
When the defense moved for dismissal on pre-emption grounds, the plaintiffs argued that the 4th Circuit's decision was the "law of the case." ... "We believe the 4th Circuit's decision is the law of the case and is also right on the merits," Jacobsen said. (Law.com)
40,000 Claims Filed for $580 Million Smokers' Trust Fund Jun 17, 2008
The trust fund is separate from about 8,000 so-called Engle progeny cases filed by individual smokers seeking compensatory damages from cigarette makers under the law of the case. Tobacco companies aren't involved with the fund and aren't part of the fund administration since Miller ruled they had no standing. (Law.com)
More of this story Feb 11, 2008
Watanabe, however, said the court had to follow the law of the case, which was similar to Masuoka s earlier decision. The OIP hasn t released an opinion since it s former Director Les Kondo was appointed to the Public Utilities Commission in July, after serving on the OIP for four years. (Lihue Garden Island, HA)
11th Circuit Wrestles With Sentencing Jan 4, 2008
In his dissent, Carnes wrote that Hunt violated the "law of the case doctrine," meaning he hadn't followed prior appellate rulings in the matter, in calculating the net improper benefit to Lazard. He also said Hunt erred in the reasoning by which he decided not to impose the guidelines sentence -- concluding that deVegter had promised nothing in return to Poirier for the bribe and his assessment that the defendants' criminal conduct was an aberration in otherwise honorable service to their... (Law.com)
How well do you know the U.S. Constitution? Sep 22, 2007
Any Supreme Court decision is the law of the case and it binds only the plaintiff and the defendant. The meaning of the word all has not been changed. (Rolla Daily News, MO)
Strongly opposing opinions shape ‘activist' judge debate Aug 29, 2007
nstead, politicians and others usually use the term activist to describe any particular judicial decision with which they disagree, without regard to the underlying facts and law of the case. But John Elliott of the Adam Smith Foundation and St. Louis lawyer Bill Placke, president of the St. Louis Federalist Society, both said lack's Law Dictionary provides a legal definition all should follow, that judicial activism is philosophy of decision-making whereby judges allow their personal views... (Jefferson City News Tribune, MO)
Split Budget Voting:Ballot Question Ruling Upheld Oct 5, 2006
"Where a matter had previously been ruled upon interlocutorily, the court in a subsequent proceeding in the case may treat that decision as the law of the case, if it is of the opinion that the issue was correctly decided in the absence of some new or overriding circumstance," he quoted from case law. Judge Robinson said other than the passage of time, the convenience of an upcoming election and the petition, the town did not provide evidence that circumstances had materially changed. (Voices, CT)
Buyer loses impact fee bid Aug 16, 2006
"That is the law of the case," he said. "They [buyers] can't get a refund. They can't get part of a refund. That has already been decided. There is no legal issue left.". (Herald Sun)
Lacrosse suspect guilty in noise law violation Jun 28, 2006
He said the law "does not allow a different court to make a different decision than a prior court ... When one judge makes a decision, another judge should follow that decision as the law of the case.". People are entitled to know that "the same type of justice" applies to everyone, Cheshire added. (Herald Sun)
The Web: Alito a Blank Slate on Technology Jan 19, 2006
In the U.S. legal system, lower courts determine the facts of a case, while appeals courts examine the law of the case to see if the lower-court judge rightly decided the case based on precedent. Deference to the lower courts -- a sense of humility about the work of other judges -- is often absent in federal appeals courts. (National Ledger)
