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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subsequent stages in the same case.'" (quoting Arizona v. California. 460 U.S.

605, 618, 103 S. Ct. 1382, 75 L. Ed. 2d 318 (1983)) (emphasis added))); Lusardi

v. Curtis Point Prop. Owners Ass'n. 86 N.J. 217, 226 n.2, 430 A.2d 881 (1981)

(The law ofthe case doctrine "applies only to proceedings prior to the entry ofa
final judgment. After that, rules of res judicata determine whether a prior
determination of law or fact is binding.").

"The law of the case principle relates to (a) the binding force of trial court

rulings during later stages of the trial, (b) the conclusive effects of appellate
rulings at trial on remand, and (c) the rule that an appellate court will ordinarily
not reconsider its own rulings of law on a subsequent appeal.'" Arceneaux v.

AmstarCorp., 66 So.3d 438, 448 (La. 2011) (quoting Petition of Sewerage &

Water Bd. of New Orleans, 278 So.2d 81, 84 (La. 1973)); accord Mun. of San

Juan v. Rullan. 318 F.3d 26, 29 (1st Cir. 2003) ("[The law of the case] doctrine

has two components: 'One branch involves the so-called mandate rule [ ]which,
with only a few exceptions, forbids, among other things, a lower court from
relitigating issues that were decided by a higher court, whether explicitly or by
reasonable implication, at an earlier stage of the same case[ ]. The other branch

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. . . provides that unless corrected by an appellate tribunal, a legal decision made

at one stage of a civil or criminal case constitutes the law of the case throughout

the pendency of the litigation.'" (quoting Ellis v. United States, 313 F.3d 636, 646

(1st Cir. 2002)) (alteration in original)).

In Washington, the principles of the law of the case doctrine are