Ute Indian Tribe of the Uintah & Ouray Reservation v. Utah’s Empirical Analysis

Citation profile

24 federal appellate · 11 district · 3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he intervening-change-in-law exception does not apply where ... the case in which the erroneous ruling occurred is no longer sub judice--that is, where the case has become final.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Miguel Medina-Rodriguez · United States v. Johnny Lee Sanders

2. “known as the 'mandate rule,' provides that a district court must comply strictly with the mandate rendered by the reviewing court.”

   2 later decisions quote this exact passage · from the majority
   e.g. Black & Veatch Corp. v. Aspen Ins. (Uk) Ltd. · Marshall Huffman v. Saul Holdings Limited Partnership

3. “In this circuit, as in all circuits that have addressed the issue, “an appellate court has the power to set aside at any time a mandate that was procured by fraud or act to prevent an injustice, or to preserve the integrity of the judicial process.” Although the rule is stated in broad terms, the appellate courts have emphasized that the power to recall or modify a mandate is limited and should be exercised only in extraordinary circumstances. The limited nature of this power is a reflection of the importance of finality: once the parties are afforded a full and fair opportunity to litigate, the controversy must come to an end and courts must be able to clear their dockets of decided cases.”

   1 later decision quote this exact passage · from the majority
   e.g. Payne v. Clarendon National Insurance (In re Sunset Sales, Inc.)