· 4/11/1995
Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally Hein
Citations
- 51 F.3d 1480
- 95 Cal. Daily Op. Serv. 2612
- 95 Daily Journal DAR 4577
- 1995 U.S. App. LEXIS 7930
- 1995 WL 156893
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 party waives an issue by not presenting it to the district court
- holding that “[w]e will review an issue that has been raised for the first time on appeal under certain narrow circum- stances,” including “when a change in law raises a new issue while an appeal is pending”
- noting that even though court may look beyond pleadings on motion to dismiss, generally court is limited to face of the complaint on 12(b)(6) motion
- noting that even though court may look beyond pleadings on motion to dismiss, generally court is limited to face of the complaint on 12(b)(6) motion
- explaining that the HEA does 26 not confer a private cause of action
- finding no government action implicated because provision of student loan insurance is not the exclusive prerogative of the government
Source: CourtListener parenthetical corpus (CC0).
Judges: Norris, Wiggins, Fernandez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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