Ingle

DISCUSSION

1. The Law of the Case

[1] Under the law of the case doctrine, “a court is generally precluded from reconsidering an issue previously decided by the same court, or a higher court in the identical case.” United States v. Lummi Indian Tribe, 235 F.3d 443, 452 (9th Cir. 2000). This doctrine has developed to “maintain consistency and avoid reconsideration of matters once decided during the course of a single continuing lawsuit.” 18B Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction 2d § 4478, at 637-38 (2002). Because application of the doc- trine is discretionary, we review a district court’s decision to apply the law of the case for an abuse of discretion. See Lummi Indian Tribe, 235 F.3d at 452.

[2] A district court abuses its discretion in applying the law of the case doctrine only if (1) the first decision was clearly erroneous; (2) an intervening change in the law occurred; (3) the evidence on remand was substantially different; (4) other changed circumstances exist; or (5) a manifest injustice would otherwise result. See id. at 452-53.

2. Circuit City’s Renewed Petition Lacks Merit

Circuit City argues that Luce Forward undermined Ingle…