Nevada Supreme Court Extends Law of the Case Doctrine to District Courts

In a recent ruling, the Nevada Supreme Court expanded the application of the law of the case doctrine to district courts, a notable change from its previous use in appellate courts only. The decision emerged from Litchfield v. Tucson Ridge Homeowners Association, where homeowners disputed their HOA’s claim that a Nevada statute mandated mediation before filing a lawsuit. The district court denied the HOA’s dismissal motion, but when the case was reassigned to a new judge, the second judge ruled in favor of the HOA. The Supreme Court reversed this ruling, stating that the law of the case doctrine applies to district court decisions, requiring consistency unless compelling circumstances—such as new evidence or clear legal error—warrant a reversal.

This ruling presents potential challenges for litigants approaching trial, particularly regarding pre-trial rulings, like motions in limine, which are subject to change. Additionally, it complicates strategies for clients bringing in new counsel late in the litigation process. The decision emphasizes the need for consistency in judicial rulings across multiple stages of a case, thereby tightening the flexibility of district court judges to revise earlier decisions.