Bar Bulletin

Bar Bulletin

“Once More, With Feeling” — Law of the Case and Motions to Recall the Mandate

November 2021 Bar Bulletin

By Catherine W. Smith

“Always Appealing” is a column addressing current issues in appellate practice and recent appellate cases written by the lawyers of Smith Goodfriend, PS, a Seattle law firm that limits its practice to civil appeals and related trial court motions practice. 

Last month, this column dealt with the frightful topic of “zombie remands” — those cases that, after an appeal, never seem to die — when the party who lost on appeal tries to snatch “victory from the jaws of defeat” by resurrecting arguments that were unsuccessful (or untried) on appeal as a basis to...

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