What is the test for affirming a judgment by a federal district court on any ground that is different than the one relied on by the district court?
MultiRegion, United States of America
The following excerpt is from Otis-Wisher v. Medtronic, Inc., No. 14-3491 (2nd Cir. 2015):
1. We "may affirm the district court's judgment on any ground appearing in the record, even if the ground is different from the one relied on by the district court." Doninger v. Niehoff, 527 F.3d 41, 50 n.2 (2d Cir. 2008) (internal quotation marks omitted).
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