law of the case doctrine in Louisiana

2022This Court explained the law of the case doctrine as follows: The law of the case doctrine refers to “(a) the binding force of trial court rulings during later stages of the trial, (b) the conclusive effects of appellate court rulings at the trial on remand, and (c) the rule that an appellate court will ordinarily not reconsider its own rulings of law on a subsequent appeal in the same case.” Petition of Sewerage and Water Bd. of New Orleans, 278 So.2d 81, 83 (La.1973); Louisiana Land and Exploration Co. v. Verdin, 95–2579, pp. 3–4 (La.App. 1 Cir. 9/27/96), 681 So.2d 63, 65 .

2011Ass’n v. Velten, 04-2001, pp. 5-6 (La.App. 4 Cir. 8/17/05), 917 So.2d 454 , 458-59: The law of the case doctrine refers to “(a) the binding force of trial court rulings during later stages of the trial, (b) the conclusive effects of appellate court rulings at the trial on remand, and (c) the rule that an appellate court will ordinarily not reconsider its own rulings of law on a subsequent appeal in the same case.” Petition of Sewerage and Water Bd. of New Orleans, 278 So.2d 81, 83 (La.1973); Louisiana Land and Exploration Co. v. Verdin, 95-2579, pp. 3-4 (La.App. 1 Cir. 9/27/96), 681 So.2d 63,

2010App. 1st Cir. 9/27/96), 681 So. 2d 63, 65 , writ denied. 96-2629 (La. 12/13/96), 692 So. 2d 1067 , cert. denied. 520 U.S. 1212 , 117 S.Ct 1696 , 137 L.Ed.2d 822 (1997)): The law of the case principle is a discretionary guide which relates to (a) the binding force of a trial judge's ruling during the later stages of trial, (b) the conclusive effects of appellate rulings at trial on remand, and (c) the rule that an appellate court ordinarily will not reconsider its own rulings of law on a subsequent appeal in the same case.

2008App. 1 Cir. 9/27/96), 681 So.2d 63, 65 , writ denied, 96-2629 (La.12/13/96), 692 So.2d 1067 , cert. denied, 520 U.S. 1212 , 117 S.Ct. 1696 , 137 L.Ed.2d 822 (1997), this court discussed the law of the case doctrine and its application as follows: The law of the case principle is a discretionary guide which relates to (a) the binding force of a trial judge’s ruling during the later stages of trial, (b) the conclusive effects of appellate rulings at trial on remand, and (c) the rule that an appellate court ordinarily will not reconsider its own rulings of law on a subsequent appeal in the same c

2010App. 1st Cir. 9/27/96), 681 So. 2d 63, 65 , writ denied. 96-2629 (La. 12/13/96), 692 So. 2d 1067 , cert. denied. 520 U.S. 1212 , 117 S.Ct 1696 , 137 L.Ed.2d 822 (1997)): The law of the case principle is a discretionary guide which relates to (a) the binding force of a trial judge's ruling during the later stages of trial, (b) the conclusive effects of appellate rulings at trial on remand, and (c) the rule that an appellate court ordinarily will not reconsider its own rulings of law on a subsequent appeal in the same case.

2008App. 1 Cir. 9/27/96), 681 So.2d 63, 65 , writ denied, 96-2629 (La.12/13/96), 692 So.2d 1067 , cert. denied, 520 U.S. 1212 , 117 S.Ct. 1696 , 137 L.Ed.2d 822 (1997), this court discussed the law of the case doctrine and its application as follows: The law of the case principle is a discretionary guide which relates to (a) the binding force of a trial judge’s ruling during the later stages of trial, (b) the conclusive effects of appellate rulings at trial on remand, and (c) the rule that an appellate court ordinarily will not reconsider its own rulings of law on a subsequent appeal in the same c

2010App. 1st Cir. 9/27/96), 681 So. 2d 63, 65 , writ denied. 96-2629 (La. 12/13/96), 692 So. 2d 1067 , cert. denied. 520 U.S. 1212 , 117 S.Ct 1696 , 137 L.Ed.2d 822 (1997)): The law of the case principle is a discretionary guide which relates to (a) the binding force of a trial judge's ruling during the later stages of trial, (b) the conclusive effects of appellate rulings at trial on remand, and (c) the rule that an appellate court ordinarily will not reconsider its own rulings of law on a subsequent appeal in the same case.

2008App. 1 Cir. 9/27/96), 681 So.2d 63, 65 , writ denied, 96-2629 (La.12/13/96), 692 So.2d 1067 , cert. denied, 520 U.S. 1212 , 117 S.Ct. 1696 , 137 L.Ed.2d 822 (1997), this court discussed the law of the case doctrine and its application as follows: The law of the case principle is a discretionary guide which relates to (a) the binding force of a trial judge’s ruling during the later stages of trial, (b) the conclusive effects of appellate rulings at trial on remand, and (c) the rule that an appellate court ordinarily will not reconsider its own rulings of law on a subsequent appeal in the same c

2010App. 1st Cir. 9/27/96), 681 So. 2d 63, 65 , writ denied. 96-2629 (La. 12/13/96), 692 So. 2d 1067 , cert. denied. 520 U.S. 1212 , 117 S.Ct 1696 , 137 L.Ed.2d 822 (1997)): The law of the case principle is a discretionary guide which relates to (a) the binding force of a trial judge's ruling during the later stages of trial, (b) the conclusive effects of appellate rulings at trial on remand, and (c) the rule that an appellate court ordinarily will not reconsider its own rulings of law on a subsequent appeal in the same case.

2008App. 1 Cir. 9/27/96), 681 So.2d 63, 65 , writ denied, 96-2629 (La.12/13/96), 692 So.2d 1067 , cert. denied, 520 U.S. 1212 , 117 S.Ct. 1696 , 137 L.Ed.2d 822 (1997), this court discussed the law of the case doctrine and its application as follows: The law of the case principle is a discretionary guide which relates to (a) the binding force of a trial judge’s ruling during the later stages of trial, (b) the conclusive effects of appellate rulings at trial on remand, and (c) the rule that an appellate court ordinarily will not reconsider its own rulings of law on a subsequent appeal in the same c

2012Barnett v. Jabusch, 94-819 (La.App. 3 Cir. 2/1/95) ; 649 So.2d 1158 .

2000App. 3 Cir. 2/1/95); 649 So.2d 1158 , this court noted that under the law of the case doctrine, ordinarily a court of appeal will not reconsider its own rulings of law on a subsequent appeal in the same case.

2001In Ducote v. City of Alexandria, 97-947, p. 3 (La.App. 3 Cir. 2/4/98); 706 So.2d 673, 674-75 , writs denied, 98-1061, 98-1070 (La.5/29/98); 720 So.2d 671 , we discussed the law of the case doctrine, stating: The law of the case doctrine "recognizes the binding force of trial court rulings during later stages of the trial...." Pitre v. Louisiana Tech University, 26,388, p. 1 (La.App. 2 Cir. 5/10/95); 655 So.2d 659, 664 , writs granted, 95-1466, 95-1487 (La.10/6/95); 661 So.2d 454 , reversed on merits, 95-1466, 95-1466 (La.5/10/96); 673 So.2d 585 ; see also Day v. Campbell-Grosjean Roofing & She

2000This court has further explained the law of the case doctrine as follows: The law of the case doctrine "recognizes the binding force of trial court rulings during later stages of the trial..." Pitre v. Louisiana Tech University, 26,388, p. 1 (La.App. 2 Cir. 5/10/95); 655 So.2d 659, 664 , writs granted, 95-1466, 95-1487 (La.10/6/95), 661 So.2d 454 , reversed on merits, 95-1466, 95-1487 (La.5/10/96), 673 So.2d 585 ; see also Day v. Campbell-Grosjean Roofing & Sheet Metal Corp., 260 La. 325 , 256 So.2d 105 (1971).

2022Posey v. Smith, 453 So.2d 1016 (La.App. 3 Cir.1984).

2020Posey v. Smith, 453 So.2d 1016 (La.

2022Atchafalaya Basinkeeper, 18- 0417 at p. 4, 272 So. 3d at 570; Joseph, 10- 1342 at p. 4, 63 So. 3d at 223 .

2020Atchafalaya Basinkeeper, 272 So. 3d at 570; Joseph, 63 So. 3d at 223 .

2008Co., 94-1219, p. 17 (La.App. 3 Cir. 3/8/95); 653 So.2d 620, 629 , writ denied, 95-1554 (La.9/29/95); 660 So.2d 875 , this court discussed the law of the case doctrine (quoting Dodson v. Cmty. Blood Ctr. of La., Inc., 633 So.2d 252, 255 (La.App. 1 *123 Cir.1993), writs denied, 93-3158 (La.3/18/94), 634 So.2d 850 and 93-3174 (La.3/18/94), 634 So.2d 851 ): The "law of the case" doctrine applies to all prior rulings or decisions of an appellate court or the supreme court in the same case, not merely those arising from the full appeal process.

2003Co., 94-1219, p. 17 (La.App. 3 Cir. 3/8/95); 653 So.2d 620, 629 , writ denied, 95-1554 (La.9/29/95); 660 So.2d 875 , this court discussed the law of the case doctrine (quoting Dodson v. Cmty. Blood Ctr. of La., Inc., 633 So.2d 252, 255 (La.App. 1 Cir. 1993), writs denied, 93-3158 (La.3/18/94), 634 So.2d 850 and 93-3174 (La.3/18/94), 634 So.2d 851 ): The "law of the case" doctrine applies to all prior rulings or decisions of an appellate court or the supreme court in the same case, not merely those arising from the full appeal process.

2018Jones , 97-2287 at pp. 4-5, 723 So.2d at 494 .

2003In Jones v. McDonald's Corp., 97-2287, pp. 4-5 (La.App. 1 Cir.1998), 723 So.2d 492, 494-495 , the First Circuit reviewed the jurisprudence on the law of the case doctrine.

2002CNH cites Ducote v. City of Alexandria, 97-947 (La.App. 3 Cir. 2/4/98) , 706 So.2d 673 , 674 to support its position that the law of the case doctrine “recognizes the binding force of trial court rulings during later stages of the trial” and that “[t]he reasons for this doctrine are: (1) avoidance of indefinite litigations; (2) consistency of results in the same litigation; (3) essential fairness between the parties; and (4) judicial efficiency.” However, CNH fails to mention that the doctrine also states that it is “discretionary and should not be applied where it would effectuate an obvious

2002CNH cites Ducote v. City of Alexandria, 97-947 (La.App. 3 Cir. 2/4/98) , 706 So.2d 673 , 674 to support its position that the law of the case doctrine “recognizes the binding force of trial court rulings during later stages of the trial” and that “[t]he reasons for this doctrine are: (1) avoidance of indefinite litigations; (2) consistency of results in the same litigation; (3) essential fairness between the parties; and (4) judicial efficiency.” However, CNH fails to mention that the doctrine also states that it is “discretionary and should not be applied where it would effectuate an obvious

2001In Ducote v. City of Alexandria, 97-947, p. 3 (La.App. 3 Cir. 2/4/98); 706 So.2d 673, 674-75 , writs denied, 98-1061, 98-1070 (La.5/29/98); 720 So.2d 671 , we discussed the law of the case doctrine, stating: The law of the case doctrine "recognizes the binding force of trial court rulings during later stages of the trial...." Pitre v. Louisiana Tech University, 26,388, p. 1 (La.App. 2 Cir. 5/10/95); 655 So.2d 659, 664 , writs granted, 95-1466, 95-1487 (La.10/6/95); 661 So.2d 454 , reversed on merits, 95-1466, 95-1466 (La.5/10/96); 673 So.2d 585 ; see also Day v. Campbell-Grosjean Roofing & She

2000This court has further explained the law of the case doctrine as follows: The law of the case doctrine "recognizes the binding force of trial court rulings during later stages of the trial..." Pitre v. Louisiana Tech University, 26,388, p. 1 (La.App. 2 Cir. 5/10/95); 655 So.2d 659, 664 , writs granted, 95-1466, 95-1487 (La.10/6/95), 661 So.2d 454 , reversed on merits, 95-1466, 95-1487 (La.5/10/96), 673 So.2d 585 ; see also Day v. Campbell-Grosjean Roofing & Sheet Metal Corp., 260 La. 325 , 256 So.2d 105 (1971).

2015Gentry v. Biddle, 05-61 (La.App. 3 Cir. 11/2/05) , 916 So.2d 347 .

2012Gentry v. Biddle, 05-61 (La.App. 3 Cir. 11/2/05) , 916 So.2d 347 .

2008Co., 94-1219, p. 17 (La.App. 3 Cir. 3/8/95); 653 So.2d 620, 629 , writ denied, 95-1554 (La.9/29/95); 660 So.2d 875 , this court discussed the law of the case doctrine (quoting Dodson v. Cmty. Blood Ctr. of La., Inc., 633 So.2d 252, 255 (La.App. 1 *123 Cir.1993), writs denied, 93-3158 (La.3/18/94), 634 So.2d 850 and 93-3174 (La.3/18/94), 634 So.2d 851 ): The "law of the case" doctrine applies to all prior rulings or decisions of an appellate court or the supreme court in the same case, not merely those arising from the full appeal process.

2003Co., 94-1219, p. 17 (La.App. 3 Cir. 3/8/95); 653 So.2d 620, 629 , writ denied, 95-1554 (La.9/29/95); 660 So.2d 875 , this court discussed the law of the case doctrine (quoting Dodson v. Cmty. Blood Ctr. of La., Inc., 633 So.2d 252, 255 (La.App. 1 Cir. 1993), writs denied, 93-3158 (La.3/18/94), 634 So.2d 850 and 93-3174 (La.3/18/94), 634 So.2d 851 ): The "law of the case" doctrine applies to all prior rulings or decisions of an appellate court or the supreme court in the same case, not merely those arising from the full appeal process.

2024Id.

2011As this Court held in In re K.P.W, Jr. 03-1371, 03-1372 (La.App. 5 Cir. 5/26/04) , 875 So.2d 903 , 905-6: The law of the case principle is a discretionary guide which relates to,[], the rule that an appellate court ordinarily will not reconsider its own rulings of law on a subsequent appeal in the same case.

2022Further, “it will not be applied when the underlying, operative facts upon which the court’s prior decision was based have changed.” Id., 10-1379, p. 15, 67 So.3d at 514 . “[J]urisprudence provides that the law of the case doctrine ‘does not apply when the issues are not identical, when there is more than a mere doubt as to the correctness of the earlier decision, or when there is intervening case law.’” KeyClick Outsourcing, Inc. v. Ochsner Health Plan, Inc., 11-0598, p. 8 (La.

2016“However, ‘[ujnlike the statutory doctrine of res judicata, the jurisprudential doctrine of law of the case is a discretionary guide that will not be applied inflexibly.’ ” Id., 11-0598, p. 8, 89 So.3d at 1212 , quoting Daigre v. International Truck and Engine Corp., 10-1379, p. 15 (La.App. 4 Cir. 5/5/11), 67 So.3d 504, 513-14 . |r“The doctrine does not apply in the context of a trial court ruling on ¡interlocutory issues.” Land v. Vidrine, 10-1342, p. 9 (La.3/15/11), 62 So.3d 36, 42 .

2021“We do have discretion not to apply the law of the case doctrine in cases in which there was palpable error in the prior decision and in cases in which manifest injustice would result.” Id., 99-2544, p. 2, 769 So. 2d at 139 .

2004The Taxing District relies on Tsatsoulis v. City of New Orleans, 99-2544 (La.App. 4 Cir. 8/30/00) , 769 So.2d 137 , in support of its position, claiming that this Court held “that the law of the case doctrine applies to all prior decisions of an appellate court, including decisions rendered on supervisory writ applications.” In Tsatsoulis, this Court entertained an appeal of a denial of a motion to intervene.