Harold J. Romain v. Admiral Harold Shear, Administrator of the Department of Transportation, Maritime Administration

How courts have described this case

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

• holding that a change in the law during the pendency of an appeal permits entertainment of an issue not previously raised
• holding that a change in the law during the pendency of an appeal permits entertainment of an issue not previously raised
• explaining that although we “will generally not consider an issue raised for the first time on appeal,” we may do so “when a new issue arises while [the] appeal is pending because of a change in law”
• holding Title VII claims were barred because 11 plaintiff failed to sue the Secretary within 30 days and noting the defect “could not be 12 remedied by a Rule 15 amendment” because no “government official or entity was served 13 within the thirty-day period”
• an exception to waiver exists “when a new issue arises while appeal is pending because of a change in law”
• an exception to waiver exists “when a new issue arises while appeal is pending because of a change in law”

Source: CourtListener parenthetical corpus (CC0).