Does the mandate rule bar a district court from reopening an issue on remand where the issue was foregone?

MultiRegion, United States of America

The following excerpt is from Havlish v. 650 Fifth Ave. Co., 934 F.3d 174 (2nd Cir. 2019):

"A district court must follow the mandate issued by an appellate court." Puricelli v. Republic of Argentina , 797 F.3d 213, 218 (2d Cir. 2015).7 "[W]here an issue was ripe for review at the time of an initial appeal but was nonetheless foregone, the mandate rule generally prohibits

[934 F.3d 182]

the district court from reopening the issue on remand unless the mandate can reasonably be understood as permitting it to do so." United States v. Ben Zvi , 242 F.3d 89, 95 (2d Cir. 2001). "Where a mandate limits the issues open for consideration on remand, a district court ordinarily cannot consider additional issues." Puricelli , 797 F.3d at 218.

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