What is the general rule of the federal appeals court not to consider new issues on appeal?
MultiRegion, United States of America
The following excerpt is from Thomas E. Hoar, Inc. v. Sara Lee Corp., 900 F.2d 522 (2nd Cir. 1990):
120 (1976) ("It is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below."). "While this bar to raising new issues on appeal is not absolute, ... it may be overcome only when necessary to avoid manifest injustice." Schmidt v. Polish People's Republic, supra, 742 F.2d at 70 (citations omitted).
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