United Food and Commercial Workers International Union; Organization United for Respect at Walmar — Goodson, J…

Summary

The concurrence would affirm because the law-of-the-case doctrine barred reconsideration of the Union's preemption and subject-matter-jurisdiction arguments in the second appeal. The same preemption issue had been raised before the first appeal, and the prior appellate decision affirmed the circuit court's ruling, making the issue conclusive on remand and subsequent review. Justice Hart, concurring in part and dissenting in part, would also remand for the circuit court to narrow the permanent injunction rather than have the appellate court rewrite it.