Forfeiture at the Pleading Stage: Ask Permission First, Don’t Apologize Later
By Rupa G. Singh and Kevin K. Green
Rupa G. Singh
Kevin K. Green
Conventional wisdom holds that it is often better not to seek permission first but, if necessary, obtain forgiveness later. Although this approach may fly in business, politics, and even romance, it rarely takes flight in the appellate courts. Here we distill, and contrast, how merciful federal and California law are when it comes to considering new issues on appeal at the pleading stage of a civil action.