Law Of The Case Is More Nuanced Than You May Think 1 Law Of The Case Is More Nuanced Than You May Think

Law Of The Case Is More Nuanced Than You May Think

By Michael Soyfer (August 26, 2022, 4:11 PM EDT) — Law of the case has become something of a shibboleth. Every lawyer knows to invoke it when they’ve won some argument earlier in the case and their opponent presses the point again later.

But the law of the case doctrine is more nuanced — and less binding — than many acknowledge.

In a recent case, Flynn v. FCA US LLC, the U.S. Court of Appeals for the Seventh Circuit in July confronted a plaintiff’s argument that the law of the case doctrine barred a second judge from reconsidering the first judge’s ruling on standing following reassignment.[1]

Rejecting that argument, the Seventh…