CGB Occupational Therapy, Inc. v. RHA Health Services, Inc.

‘It seems a shame, ’ the Walrus said,

‘To play them such a trick,

After we’ve brought them out so far,

And made them trot so quick!’

Lewis Carroll, Through the Looking-Glass

This case was botched on remand. A litigant appealed to our Court and won a partial reversal, and yet the judicial system left that litigant worse off on remand than it had been before it appealed. The proceedings before the District Court simply did not comport with the mandate we had issued. For that reason alone, the judgment of the District Court should be vacated, and this case should be remanded for proceedings…