Law360 (Sep 8, 2020, 5:22 p.m. EDT) – There are a handful of legal doctrines that can be difficult to understand, but the law of case theory shouldn't be any of them. Time and again, the doctrine seems to confuse litigants, especially as it determines whether it is binding or discretionary and whether it is applicable to a court's own previous decisions.
The recent decision by the California Court of Appeals in Golden Door Properties LLC v. San Diego County's Supreme Court (1) underscores the struggle.
There an investigative judge came to two wrong conclusions about the doctrine: First, that the blanket rejection of a petition for …
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