Supreme Court of the United States · Official docket →
Estate of Rex Vance Wilson, et al. v. Las Vegas Metropolitan Police Department, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-16760 · judgment November 28, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Where a plaintiff adequately argues and preserves a federal claim or a state law claim before the district court, may the plaintiff advance new arguments in favor of that claim on appeal before the federal appellate court?
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Given the general rule a federal appellate court does not consider an issue not passed upon below, does a federal appellate court err as a matter of law or abuse its discretion in deciding an issue not passed upon by the district court without first considering (a) whether an exception to the general rule applies and (b) whether, even if an exception applies, the particular circumstances of the case overcome the presumption against deciding an issue not passed upon by the district court?
Counsel of record
For petitioner
Mario Gonzalez
Gonzalez Law Office Prof. LLC
For respondent
Craig Richard Anderson
Marquis Aurbach
Case
Conference history
Distributed for 1 conference
Proceedings
- May 15 2023Petition DENIED.
- Apr 25 2023DISTRIBUTED for Conference of 5/11/2023.
- Apr 19 2023Waiver of right of respondent Las Vegas Metropolitan Police Department, et al. to respond filed.
- Mar 29 2023Petition for a writ of certiorari filed. (Response due May 18, 2023)