While Trial Court Must Follow Appellate Mandate, It Is Free to Consider as Matter of First Impression Issues Not Explicitly or Implicitly Decided by Court of Appeals

From Centrix HR, LLC v. On-Site Staff Mgmt., Inc., 2011 U.S. App. LEXIS 13001 (3d Cir. June 23, 2011):

"[W]hether the district court properly interpreted and applied . . . our [remand] mandate . . . [is an] issue . . . of law, subject to plenary review[.] . . . A trial court must implement both the letter and spirit of the mandate, taking into account the appellate court's opinion and the circumstances it embraces." Kilbarr Corp. v. Business Systems Inc., 990 F.2d 83, 87-88 (3d Cir. 1993) (internal quotation marks omitted). "From the proposition that a trial court must adhere to the decision and mandate of an appellate court there follows the long-settled corollary that upon remand, it may consider, as a matter of first impression, those issues not expressly or implicitly disposed of by the appellate decision." Bankers Trust Co. v. Bethlehem Steel Corp., 761 F.2d 943, 950 (3d Cir. 1985).

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