Monday, December 9, 2024

9th Cir. mandate opinion

Here's a 9th Circuit opinion clarifying that the district court has discretion to stay a case while a cert petition is pending.

Although district courts must faithfully carry out “both the letter and the spirit” of our mandates, [cite], “they are free as to anything not foreclosed by the mandate,” [cite]. Our mandate remanded the case to the district court “for a new trial on all of plaintiffs’ claims against the individual officers.” [cite] We did not specify a time frame or otherwise suggest that the district court lacked authority to stay the case. Thus, we leave to the district court to determine whether a stay pending a petition for writ of certiorari is appropriate in this case.

Law.com has 'Stake Out My Space': Attorneys, Law Professors Flock from X to Bluesky