· 6/30/2006
Iverson v. City of Boston
Citations
- 452 F.3d 94
- 18 Am. Disabilities Cas. (BNA) 119
- 2006 U.S. App. LEXIS 16461
- 2006 WL 1789114
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “plaintiffs’ failure to mention—let alone adequately to develop—the ... theory in their opposition to the [defendant's dispositive motion defeats their belated attempt to advance the theory on appeal”
- holding that the ADA regulations before the court “impose obligations different than, and beyond, those imposed by Title II of the ADA” and therefore “are not enforceable through . . . the private right of action available under that statute”
- noting that a theory of recovery “not squarely and timely raised in the trial court cannot be pursued for the first time on appeal[,]” particularly where the plaintiff failed to raise the theory in opposition to a dispositive motion
- \[T]heories not squarely and timely raised in the trial court cannot be pursued for the first time on appeal.\
- litigants must “spell out their legal theories face-up and squarely in the trial court” to avoid waiver
- motion for reconsideration does not “allow a party [to] advance arguments that could and should have been presented to the district court prior to judgment”
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Lipez, Howard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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