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Tenth Circuit· 8/18/1992

Daigle v. Shell Oil Co.

Citations

  • 972 F.2d 1527

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • commenting that to impose an inflexible strict liability rule even on an activity such as blasting without consideration of the circumstances would be incorrect
  • explaining that a plaintiff must point to “a specific and mandatory regulation, statute[,] or policy”
  • explaining that we have discretion, but no duty, to consider “untimely raised legal theories” in support of subject-matter 6 jurisdiction
  • recognizing “general rule [that] we refuse to consider arguments raised for the first time on appeal unless . . . jurisdiction is in question”
  • recognizing court most likely to depart from general rule \when we are presented with a strictly legal question the proper resolution of which is beyond doubt or when manifest injustice would otherwise result\
  • stating that we have no duty to consider waived arguments supporting subject-matter jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Baldock, Logan, Moore

Read full opinion on CourtListener

Cited by

127 cases in this archive cite this case; the 20 most cited are listed.

Cites

49 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Daigle v. Shell Oil Co.

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.