S. Ct. Civ. No. 2016-0035

Considering an appeal brought by the Virgin Islands Taxi Association ("VITA") concerning the Superior Court's June 10, 2016 order dismissing its complaint with prejudice, the Superior Court did not err in dismissing VITA's permanent injunction claim as moot because Act 5231, as applicable to the issues addressed in the complaint, had expired and any injunction prohibiting the interference with the contractual relationship created by that Act would be meaningless. Similarly, the Superior Court did not err in applying the law-of-the-case doctrine to the Appellate Division of the District Court of the Virgin Islands' reversal of its contempt sanctions, and the Appellate Division correctly reversed those sanctions due to insufficient evidence. But the Superior Court erred when it determined that VITA was estopped from pursuing compensatory damages both for itself and on behalf of its members, because a request for preliminary injunctive relief is not inconsistent with a request for compensatory damages, and because the appellees failed to timely challenge VITA's standing to seek such damages on behalf of its members. Finally, the Superior Court erred in concluding that the six factors enumerated in Halliday v. Footlocker Specialty, Inc., 53 V.I. 505 (V.I. 2010) constituted an alternative basis for dismissing VITA's complaint on the ground of failure to prosecute. Thus, although VITA's request for injunctive relief is moot, VITA's claims for damages still survive, and VITA is entitled to pursue its claim for damages and may substantiate whatever damages it can at trial. Accordingly, the Superior Court's June 10, 2016 order is affirmed in part and reversed in part, and this matter is remanded for further proceedings consistent with this opinion.