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Law of the Case Doctrine

Adams & Reese

“Preponderance of the Evidence” Prevails in South Carolina Tidelands Dispute

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History teachers may enjoy this story. In a court case involving South Carolina tidelands tracts issued 300 years ago via King’s grants, an appeals court ruled that clear and convincing evidence is not necessarily...more

Morris James LLP

Delaware Superior Court Applies Law-of-the-Case Doctrine and Collateral Estoppel to a Prior Chancery Proceeding

Morris James LLP on

Preston Hollow Capital LLC v. Nuveen LLC, C.A. No. N19C-10-107-MMJ [CCLD] (Del. Super. Dec. 15, 2020) - Plaintiff and defendants competed as institutional investors in the high-yield municipal bond market. Seeking to...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending March 6, 2020

Carlton Fields on

Real Property Update - Foreclosure / Law of the Case: Motion to vacate that attempted to re-litigate issues on standing that had been rejected on direct appeal was precluded by the law of the case doctrine – Schwartz v....more

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