Wash. Court of Appeals published opinion — 723421.pdf

Citation: Wash. Court of Appeals published opinion — 723421.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/723421.pdf ↗

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"The 'law of the case' doctrine is intended to afford a
measure of finality to litigated issues." Grvnberg Exploration Corp.
v. Puckett, [ ] 682 N.W.2d 317, 322 [(S.D. 2004)]. This doctrine has
many policy considerations: "(1) to protect settled expectations of
the parties; (2) to insure uniformity of decisions; (3) to maintain
consistency during the course of a single case; (4) to effectuate the
proper and streamlined administration of justice; and (5) to bring
litigation to an end." In re Estate of Jetter. [ ] 590 N.W.2d 254, 258
[(S.D. 1999)]. We have cautioned, however, that "the 'law of the
case' [doctrine] should not be used to perpetuate an erroneous
decision[.]" Grvnberg. [ ] 682 N.W.2d at 322. Indeed, the doctrine
"is not a rigid rule, and will not be invoked on a second appeal if the
prior decision is palpably erroneous and if it is competent for the
court to correct it on the second appeal." Siebrasse, [ ] 722 N.W.2d
at 91. Furthermore, "a court may reopen a previously resolved
question if the evidence on remand is substantially different or if a
manifest injustice would otherwise result." ]d.

In re Pooled Advocate Trust, 813 N.W.2d 130, 139 (S.D. 2012) (some emphasis

added).

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No. 72342-1-1/21

Thus, the essential difference between the doctrines is that the law of the

case doctrine applies to successive proceedings in the same case, whereas res

judicata is applicable to successive proceedings in different cases. See Pepper

v. United States. 562 U.S. 476, 506, 131 S. Ct. 1229, 179 L. Ed. 2d 196 (2011)

("'[A]s most commonly defined, the doctrine posits that when a court decides

upon a rule of law, that decision should continue to govern the same issues in