M. H. Gordon & Son, Inc. v. Alcoholic Beverages Control Commission

How courts have described this case

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

• looking at record to determine whether issue had been raised for first time on appeal
• where issue not raised for first time on appeal and judge ruled on issue, plaintiffs had right to argue issue on appeal
• justice served by considering antitrust claim not raised earlier, because commission had “made it clear” it would not rule on the issue and because a Supreme Court decision arguably modified the law
• as general rule, appellate courts do not reach issues raised for first time on appeal
• trial judge's view of whether issue was raised is relevant, but alone is not dispositive
• “The general rule is that it is too late to raise a claim before a reviewing court if the point had not been raised before the administrative agency”

Source: CourtListener parenthetical corpus (CC0).