green
Positive treatment
Quoted verbatim 1×
9.6 score
“rules of contract interpretation are substantive, so the agreement must be interpreted according to state law.”
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014
2020
2026
Top citers, strongest first. 7 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
In re Bluberi Gaming Technologies, Inc.
rules of contract interpretation are substantive, so the agreement must be interpreted according to state law.
discussed
Cited "see"
Cox v. Glanz
See, e.g., Richison v. Ernest Grp., Inc., 634 F.3d 1123, 1127-28 (10th Cir.2011) (“Where, as here, a plaintiff pursues a new legal theory for the first time on appeal, that new theory suffers the distinct disadvantage of starting at least a few paces back from the block.... [I]f the theory simply wasn’t raised before the district court, we usually hold it forfeited.” (citations omitted)). ‘Yet, the decision regarding what issues are appropriate to entertain on appeal in instances of lack of preservation is discretionary.” Abernathy v. Wandes, 713 F.3d 538, 552 (10th Cir.2013); accord…
discussed
Cited "see"
Hook v. United States
See Bishop v. Smith, 760 F.3d 1070, 1082, 1086 (10th Cir.) (stating that a court’s ruling on a legal issue “should govern the same issues in subsequent stages in the same case” subject to narrow exceptions, including the emergence of “new evidence”), cer t. denied, - U.S. -, 135 S.Ct. 271 , 190 L.Ed.2d 139 (2014). [13 We conclude that, because Chief Judge Krieger’s jurisdictional ruling was interlocutory, the law-of-the-case doctrine is not applicable to it, and therefore Judge Moore was not bound by it. “[District courts generally remain free to reconsider their earlier interloc…
cited
Cited "see"
Johnson v. Department of Veterans Affairs
See Bishop v. Smith, 760 F.3d 1070, 1095 (10th Cir.), cert. denied, — U.S. -, 135 S.Ct. 271 , 190 L.Ed.2d 139 (2014).
discussed
Cited "see"
Equal Employment Opportunity Commission v. Beverage Distributors Co.
See Bishop v. Smith, 760 F.3d 1070, 1095 (10th Cir.2014) (stating that we will not consider the possibility of plain error on a forfeited theory when the claimant fails to argue for plain error), cert. denied, - U.S. -, 135 S.Ct. 271 , 190 L.Ed.2d 139 (2014). 5 .
discussed
Cited "see"
Pinson v. Oliver
See Bishop v. Smith, 760 F.3d 1070, 1082 (10th Cir.), cert. denied, — U.S. -, 135 S.Ct. 271 , 190 L.Ed.2d 139 (2014) (“Under the law of the case doctrine, when a court rules on an issue of law, the ruling should continue to govern the same issues in subsequent stages in the same case.” (internal quotation marks omitted)); see also Zinna v. Congrove, 755 F.3d 1177, 1182 (10th Cir.2014) (“When a case is appealed and remanded, the decision of the appellate court establishes the law of the case and ordinarily will be followed by both the trial court on remand and the appellate court in any…
discussed
Cited "see, e.g."
Salud Services, Inc. v. Caterpillar, Inc.
See, e.g., Bishop v. Smith, 760 F.3d 1070, 1088 (10th Cir.), cert. denied, — U.S. -, 135 S.Ct. 271 , 190 L.Ed.2d 139 (2014) (finding previously unavailable affidavit “does qualify as new evidence within the meaning of the new-evidence exception to the law of the case doctrine”); Newman v. Ormond, 456 Fed.Appx. 866, 867 (11th Cir.2012) (concluding “new evidence that [defendant] attached to his second summary judgment motion provided an exception to the law-of-the-case doctrine, such that the district court did not violate that doctrine in granting summary judgment based on the new recor…
Retrieving the full opinion text from the archive…
Ronald J. RANFTLE
v.
J. Craig LEIBY.
v.
J. Craig LEIBY.
No. 14–128..
Supreme Court of the United States.
Oct 6, 2014.
135 S. Ct. 270
Published
Citer courts: N.D. Illinois (1)
Petition for writ of certiorari to the Court of Appeals of New York denied.