In Re Nortel Networks Corp. Securities Litigation

How courts have described this case

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

• concluding that an argument made below merely “resembling” the one presented on appeal was not sufficient to preserve the issue
• noting that because “our waiver doctrine is entirely prudential,” we have “discretion to consider arguments waived below”
• observing that it is well settled that arguments not presented to the district court generally will not be considered for the first time on appeal
• noting that we decline to consider an argument on appeal when the litigant “has offered no reason for its failure to raise this argument to the district court”
• explaining that an appellate court will not consider arguments raised for the first 5 time on appeal and that it is not sufficient to have made an argument merely “resembling the one” offered now
• declining to consider argument not previously raised where party offered “no reason” for failure to present argument earlier

Source: CourtListener parenthetical corpus (CC0).