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Christina Gomez and Jessica Smith Christina Gomez and Jessica Smith

Parties often disagree about what to do at the district court on remand following an appeal. While the law of the case doctrine and the mandate rule guide the issue, sometimes reasonable 10th Circuit Spotlightminds can differ on what an appellate court actually intended. Such was the case in Harte v. Board of Commissioners, — F.3d —, No. 18-3091, 2009 WL 4892274 (10th Cir. Oct. 4, 2019) (Harte II). During its second visit to the Tenth Circuit (and probably not its last), Harte II answered the question of what to do when none of the appellate judges on a panel agree on the reasoning for and scope of a remand.

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