Blackman Ex Rel. Blackman v. District of Columbia

I write separately to explain why appellees’ purported “law of the case” argument must be rejected and to offer a somewhat different interpretation of the statute from that of Chief Judge Sentelle.

Law of the Case; Waiver and Forfeiture

Under the doctrine of “law of the case,” a court may decline to reconsider the merits of its own prior rulings when the same point of law arises for the second time in the same case. The panel rightly notes that law of the case was not the basis of the district court’s decision. Maj. Op. at 1091; see also 2010 Fee Award Decision, 677 F.Supp.2d at 180.

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