Walter Batiansila v. Advanced Cardiovascular Systems, Inc.

How courts have described this case

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

• stating that it may consider waived argument if a 'miscarriage of justice' would otherwise result and it raises a pure issue of law
• stating that it may consider waived argument if a 'miscarriage of justice' would - 17 - | P a g e otherwise result and it raises a pure issue of law
• noting that to impose burden on employee to prove bad faith “would turn this equitable exception on its head” and finding that “the burden of proof is on the defendant to show that it has an equitable defense.”
• although appellate court usually refuses to consider issues not raised before trial court, appellate court will make exception when new issue raises pure question of law, and failure to consider would result in miscarriage of justice

Source: CourtListener parenthetical corpus (CC0).