· 1/16/2008
Scottsdale Insurance v. Flowers
Citations
- 513 F.3d 546
- 2008 U.S. App. LEXIS 874
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that in general, issues raised for the first time in a reply brief are deemed waived
- holding that issues not fully presented to the district court are deemed forfeited on appeal unless exceptional cases or particular circumstances are present, or the rule would produce a plain miscarriage of justice
- holding that a party properly seeks declaratory relief when such relief would determine the legal or contractual validity of one party’s actions with respect to the other
- holding that a party properly seeks declaratory relief when such relief would determine the legal or contractual validity of one party’s actions with respect to the other
- holding that the declaratory judgment settled the controversy between the parties because \the only issue addressed by the district court was whether Scottsdale's insurance policy for the Morton Center covered Flowers as an insured.\
- explaining that one of the important reasons for the waiver rule is to ensure fairness to the nonmoving litigant
Source: CourtListener parenthetical corpus (CC0).
Judges: Keith, Clay, Steeh
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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