- 22 - proceedings before the Court of Appeals and before this Court. We therefore hold that the issue in the cases at hand was covered by necessary implication by the opinion of the Court of Appeals in Dixon V and by its most recent primary mandate. Consequently, the Dixon V mandate bars this Court from considering petitioners’ requests in the cases at hand to conduct a further inquiry into respondent’s alleged continued misconduct and to impose sanctions against respondent for misconduct alleged to have occurred following the trial, opinion, and original decisions in the test cases. Petitioners do not argue in their motion for reconsideration that further inquiry into respondent’s alleged continued misconduct would be necessary or helpful in obtaining a better or more accurate sense of the terms and application of the Thompson settlement. Nor do we believe such an inquiry would have any such effect. In these circumstances, to engage in a further inquiry in the cases at hand (which encompass all pending cases in the Kersting project in which final decisions have not been entered) with a view to imposing additional sanctions on respondent would be inconsistent with and beyond the scope of the mandate of the Court of Appeals in Dixon V. The decision by the Court of Appeals in Dixon V not to address Izen’s complaints about this Court’s restraints on his discovery efforts--whichPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011