Does the doctrine of the law of the case preclude a defendant from making a second motion on the statute of limitations?

MultiRegion, United States of America

The following excerpt is from Graham v. Runnels, No. 2:07-CV-2291 GGH P (E.D. Cal. 2012):

Law of the case, while not an inexorable preclusion of successive motions, serves an important principle in litigation which prevent endless motions refining and re-refining one's theories or evidentiary submissions. United States v. Cuddy, 147 F.3d 1111, 1114 (9th Cir. 1998). The doctrine applies to the decision of a higher court as well as decisions of the same court. Id. Absent clear error or changed circumstances, such as a change in the law, the decision should not be changed. United States v. Estrada-Lucas, 651 F.2d 1261, 1263-64 (9th Cir. 1980). As explained above, the circumstances surrounding defendants' presentation of the first motion regarding the statute of limitations does not weigh in favor of giving defendants a second motion on the subject.13

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