recognizing the “well-established rule against reversing a district court judgment on the basis of issues and theories that were never presented to that court” because “issues not raised in the district court should not be considered on appeal”
How later courts described this case
- recognizing the “well-established rule against reversing a district court judgment on the basis of issues and theories that were never presented to that court” because “issues not raised in the district court should not be considered on appeal”
- explaining that it is “by now well settled in this Circuit that a legal claim or argument that has not been briefed before the court is deemed abandoned and its merits will not be addressed”
- stating that it is "by now well settled in this Circuit that a legal claim or argument that has not been briefed before the court is deemed abandoned and its merits will not be addressed”
- noting “fees-on-fees” should be awarded as reasonable costs of establishing the right to, and the amount of, attorney's fees when doing so is warranted under the text of the rule or statute at issue because to deny such awards would “undermine the congressional policies behind awarding attorney's fees”
Written by the judges who cited it.
The opinion
BOWEN, District Judge,
concurring in part:
I decline to join in Section III.C. of the opinion. I concur in the remainder thereof and in the result of affirmance.