Harry M. Weiss & Associates, P.C. v. Eric Nelson Auctioneering

MEMORANDUM *

Harry M. Weiss & Associates, P.C. (“the Firm”) appeals the district court’s judg *352 ment affirming the bankruptcy court’s judgment in favor of Eric Nelson Auction-eering (“Nelson”). The bankruptcy court found that the Firm was not entitled to a commission when it acted as the agent for the top bidder in an auction. In 2000, the bankruptcy court granted summary judgment against the Firm on all seven of its claims, in part because the Firm, an unlicensed broker, was barred from seeking relief under Nevada law. This court reversed as to the unjust enrichment claim because the Firm’s lack of a broker’s license did not preclude it from seeking quasi-contractual relief. Harry M. Weiss & Assocs., P.C. v. Eric Nelson Auctioneering (In re Sunrise Suites, Inc.), 56 Fed.Appx. 776, 779 (9th Cir.2003). On remand, after a two-day trial, the bankruptcy court again entered judgment against the Firm on the unjust enrichment claim, and the district court affirmed.

First, the Firm argues that the bankruptcy court ignored the law of the case. In the previous appeal, we held that the Firm’s unjust enrichment claim did not fail as a matter of law. Id. As a result, we “remand[ed] to the…