A Proposal to Codify Louisiana's law of Case Doctrine

Abstract

The Louisiana Constitution grants to the courts of appeal “supervisory jurisdiction over cases which arise within its circuit.” This constitutional provision arguably allows for greater efficiency, certainty, and fairness in Louisiana courts by allowing parties to seek appellate court review of an interlocutory judgment prior to a case reaching final judgment. However, courts’ and litigants’ misunderstanding over the effect of a court’s denial of such requests—or “writs”—often leads to an erroneous application of the “law of the case” doctrine, a policy employed by Louisiana courts to prevent the reconsideration of prior rulings in the same case.