Legal Articles

Law of the Case Doctrine, Re-litigation

There are numerous legal theories and arguments which prohibit the re-litigation of certain issues that were previously decided (e.g, collateral estoppel, res judicata). One such theory — the “law-of-the-case doctrine” — dictates that a previous holding or finding in a case constitutes the law of the case and precludes re-litigation of the issue on remand…

Law of the Case, Relitigation

Factual and legal findings of a trial court are hard to overturn. At the trial level re-litigation of pre-determined factual and legal issues is generally impermissible. See Shahan v. Shahan, 988 S.W.2d 529, 533 (Mo. 1999) (the “law of the case” doctrine governs successive adjudications involving the same issues and facts); Oldaker v. Peters, 869 S.W.2d…

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