Harry M. Weiss & Associates, P.C. v. Eric Nelson Auctioneering
Harry M. Weiss & Associates, P.C. v. Eric Nelson Auctioneering
Opinion of the Court
MEMORANDUM
Harry M. Weiss & Associates, P.C. (“the Firm”) appeals the district court’s judg
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 district court with instructions to remand to the bankruptcy court for the trier of fact to determine whether Nelson was unjustly enriched, and if so, to what extent.” Id. On remand, the bankruptcy court found that the Firm could not satisfy the four-part test set forth in Magill v. Lewis, 74 Nev. 381, 386, 333 P.2d 717, 719 (1959), that an unlicensed broker must meet in order to bring an unjust enrichment claim in Nevada, in part because the Firm failed to prove unjust enrichment, the fourth Magill factor. The bankruptcy court did not ignore the law of the case because our previous decision simply reversed a grant of summary judgment. The merits of the case were left to the trier of fact, the bankruptcy court, to decide. The law of the case doctrine does not extend to issues an appellate court did not decide. Rebel Oil Co. v. Atlantic Richfield Co., 146 F.3d 1088, 1093 (9th Cir. 1998).
Next, the Firm argues that the bankruptcy court erred in finding that the Firm did not detrimentally rely on Nelson’s alleged representations. We review the bankruptcy court’s factual findings for clear error. Salazar v. McDonald (In re Salazar), 430 F.3d 992, 994 (9th Cir. 2005). Ample evidence supports the bankruptcy court’s finding that, prior to the auction, Nelson made no representation that eligibility for the commission was independent of one’s qualification as a licensed broker. The bankruptcy court did not err in finding that the Firm’s expectation of a commission was based solely on the Firm’s mistaken interpretation of the broker requirements. The court’s determination that Nelson’s version of events was more credible than the Firm’s account is not clearly erroneous.
Finally, the Firm argues that the bankruptcy court erred in finding that Nelson was not unjustly enriched. However, the bankruptcy court did not clearly err in finding that the Firm did not prove three of the four Magill requirements. Substantial evidence supports the court’s finding that the Firm was at fault rather than Nelson.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided
Case-law data current through December 31, 2025. Source: CourtListener bulk data.