In Re: America West Airlines, Inc., Debtor. El Paso City of Texas v. America West Airlines, Inc.

How courts have described this case

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

• observing that a court may refuse to find waiver and consider an argument raised for the first time on appeal when the issue “is one of law and either does not depend on the factual record, or the record has been fully developed”
• observing that a court may refuse to find waiver and consider an argument raised for the first time on appeal when the issue “is one of law and either does not depend on the factual record, or the record has been fully developed”
• absent exceptional circumstances, arguments raised for the first time on appeal are not considered
• “Absent exceptional circumstances, we generally will 18 not consider arguments raised for the first time on appeal, 19 although we have discretion to do so.”
• “Absent exceptional circumstances, we generally will 18 not consider arguments raised for the first time on appeal, 19 although we have discretion to do so.”
• Absent 23 exceptional circumstances, we generally will not consider arguments raised for the first time on appeal, although we have 24 discretion to do so.

Source: CourtListener parenthetical corpus (CC0).