Ricky Baker v. David Alan Dorfman

How courts have described this case

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

• holding that an argument raised for the first time on appeal is ordinarily waived
• ruling that an argument not raised in the district court is ordinarily waived
• recognizing that ʺwhere a district court denies a motion for a new trial made on the ground that the verdict was against the weight of the evidence, such a ruling is not reviewable on appealʺ
• finding that negligently misdiagnosing a plaintiff with HIV was likely to constitute a special circumstance to allow for the recovery of purely emotional harm
• finding that negligently misdiagnosing a plaintiff with HIV was likely to constitute a special circumstance to allow for the recovery of purely emotional harm
• noting that we have been “more likely to exercise our discretion” to consider on appeal an issue not ■ raised in the district court “where consideration of the issue is necessary to avoid manifest injustice”

Source: CourtListener parenthetical corpus (CC0).