When will the Court consider arguments raised for the first time on appeal?
MultiRegion, United States of America
The following excerpt is from In re Flanagan, 503 F.3d 171 (2nd Cir. 2007):
We generally will not consider arguments raised for the first time on appeal. Universal Church v. Geltzer, 463 F.3d 218, 228 (2d Cir.2006). We do, however, retain discretion to consider an argument not presented to the trial court in order to prevent a manifest injustice or where the argument presents a question of law and additional factfinding is unnecessary. Id. Because the district court considered the equitable lien issue and because
[503 F.3d 183]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court consider arguments and allegations raised for the first time on appeal? (MultiRegion, United States of America)
Under what circumstances will the Court of Appeal consider issues raised for the first time on appeal? (MultiRegion, United States of America)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
Is a legal issue first raised on appeal when the opposing party has failed to raise it in the trial court? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Can an issue not raised before the trial court be raised for the first time on appeal? (MultiRegion, United States of America)
What are the implications of the Court of Appeal's review of arguments and allegations made for the first time on appeal? (MultiRegion, United States of America)
How will the 9th Circuit consider arguments raised for the first time on appeal? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
How have the courts considered arguments raised for the first time in a reply brief? (MultiRegion, United States of America)
