Wednesday, September 29, 2004

On appeal, you're stuck with the horse that brung you

Via this Matt Conigliaro post, the Eleventh Circuit in Access Now, Inc. v. Southwest Airlines Co. held that by shifting theories from the district court to the Court of Appeals, the appellant had waived the issues that were raised in the district court and the issues raised on appeal would not be considered because they were not raised in the district court, leaving nothing for the appeals court to decide.

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