What is the test for abuse of discretion in a federal district court's application of the law of the case doctrine?
MultiRegion, United States of America
The following excerpt is from Jackson v. New York, 12-1317-cv (2nd Cir. 2013):
We review a district court's application of the law of the case doctrine for abuse of discretion. See Devilla v. Schriver, 245 F.3d 192, 198 (2d Cir. 2001). A district court abuses its discretion if it "base[s] its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence, or render[s] a decision that cannot be located within the range of permissible decisions." In re Sims, 534 F.3d 117, 132 (2d Cir. 2008) (internal citation and quotation marks omitted).
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