Parties and their counsel need to be wary of focusing too much on the trial court’s rationale for the decision on appeal. But Greg, you’re saying to yourself, isn’t that what the appeal is all about?
In a word: No. In the abstract, the ultimate issue in any appeal is whether the trial court’s decision was [...]
Appellate Attorney Greg May on Practice and Legal Developments in the Nation's Largest Federal Circuit
Category Archives: Scope of Review
Don’t get too wrapped up in the trial court’s theory
Raise the issue in the trial court, and raise it as early as possible
That’s a good rule of thumb for every trial attorney — whatever the issue is — because, as a general rule, an issue must be raised in the trial court to be preserved for appeal. Virtually every lawyer knows this. Sadly, however, it is not uncommon for me to meet a prospective client who claims [...]
