Appellate Law

CA1: law of the case and preliminary injunctions

By S. COTUS

Naser Jewelers, Inc. v. City of Concord, No. 08-1305.  If you were a good lawyer, you would have read the earlier opinion, 513 F.3d 27 (1st Cir. 2008), and our coverage here.  As you may recall, in that decision, the First held that the city could regulate those signs that display advertisements about stores or places that cater to the lower classes.  As a member of the upper class, I only make buying decisions based on networking.  Therefore, just like the people that consider lawyer advertising to be ?low class? I consider all advertising to be ?low class.?  So, go ahead, grocery stores, network with me.  I won?t eat until you do so.

The district court later granted summary judgment to the city, based on a motion filed before the First handed down its opinion.  The First makes an interesting holding: the law it established in the earlier case (regarding the preliminary injunction) binds the District Court and itself (via ?law of the case?) unless ?the initial ruling was made on an inadequate record or was designed to be preliminary; if there has been a material change in controlling law; if there is newly discovered evidence bearing on the question; and if it is appropriate to avoid manifest injustice.? 

Full post as published by Appellate Law and Practice on August 12, 2008 (boomark / email).