In a motion to vacate the attorneys' fee award pending the outcome on reconsideration, does the 9th Circuit judge have any authority to rule that dicta is not part of the law of the case?
MultiRegion, United States of America
The following excerpt is from Planned Parenthood of Cent. and Northern Arizona v. State of Ariz., 789 F.2d 1348 (9th Cir. 1986):
1 On this point we stated: "[W]e vacate the attorneys' fee award pending the outcome on reconsideration. However, we note that we find nothing improper in the manner in which the district court computed the attorneys' fee." In this circuit, dicta are "not part of the law of the case." Russell v. Commissioner, 678 F.2d 782, 785 (9th Cir.1982). We are, therefore, free to disregard our earlier statements on this point.
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