The following excerpt is from Havlish v. 650 Fifth Ave. Co., 934 F.3d 174 (2nd Cir. 2019):
"A district court must follow the mandate issued by an appellate court." Puricelli v. Republic of Argentina , 797 F.3d 213, 218 (2d Cir. 2015).7 "[W]here an issue was ripe for review at the time of an initial appeal but was nonetheless foregone, the mandate rule generally prohibits
[934 F.3d 182]
the district court from reopening the issue on remand unless the mandate can reasonably be understood as permitting it to do so." United States v. Ben Zvi , 242 F.3d 89, 95 (2d Cir. 2001). "Where a mandate limits the issues open for consideration on remand, a district court ordinarily cannot consider additional issues." Puricelli , 797 F.3d at 218.
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