Tremarco v. New York

How later courts describe this case

• decision and contents of the Order and the Opinion of an appellate court are the “law of the case” upon remand to the lower court
• “The rule that a lower court must follow the decision of a higher court at an earlier stage of the case applies to everything decided either expressly or by necessary implication.”
• non-appealable when injunctive claims dismissed, judgment entered, damages not fixed
• Section 1292(a)(1) "was intended as a narrow exception to the policy of the basic final judgment rule . . . . The great advantages of that policy in the administration of federal justice dictate against a reliance on the strict letter of § 1292(a)(1