Matheu D. Nunn, Alyssa DeFuria and Linda Torosian Publish “The Law of the Case Doctrine: A Discretionary Guardrail, Not a Straitjacket” in the New Jersey Law Journal

In New Jersey litigation, the law of the case doctrine is often invoked to prevent reconsideration of an issue previously decided by another judge. However, the doctrine is a discretionary principle, not an absolute bar, and courts may revisit prior rulings when circumstances warrant.

In a new article, “The Law of the Case Doctrine: A Discretionary Guardrail, Not a Straitjacket,” published in the New Jersey Law Journal, Einhorn Barbarito Matrimonial/Family Law attorneys Matheu D. Nunn, Alyssa DeFuria and Linda Torosian, along with co-author Alyssa Nunn of Hagan, Weisberg & Nunn, examine how New Jersey courts apply the doctrine, particularly in family law matters involving multiple motions and judges.

The authors explain when prior rulings warrant deference and when new evidence, changes in controlling law, or clear legal error may justify reconsideration.

Read “The Law of the Case Doctrine: A Discretionary Guardrail, Not a Straitjacket” here. (Subscription may be required.)

Download a PDF of the article.