September 10, 2012

Law of the case.



Practice point: The doctrine is a rule of policy and practice to ensure that, when an issue is once judicially determined, that should be the end of the matter as far as Judges and courts of co-ordinate jurisdiction are concerned.

Student note: The doctrine applies only to legal determinations that were necessarily resolved on the merits in a prior decision, and to the same questions presented in the same case.

Case: Erickson v. Cross Ready Mix, Inc., NY Slip Op 06062 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Motion for leave to renew or reargue.