Litigation
Cal. Litig. 2015, Volume 28, Number 1
Content
- Table of Contents
- A Fond Vaarwel...
- Litigation Section Executive Committee Past Chairs
- Adr Update: Dealing with Ab 2617
- Trial Lawyers Hall of Fame: Being a Trial Lawyer
- The Litigator's Must-Know Lexicon of Idioms Used by Young Business Professionals
- Employers Take Note: the U.S. Supreme Court Has Entered the Digital Age
- Masthead
- Past Editors-in-Chief
- Reclaiming Our Noble Profession: Civility in the Practice of Law
- Editor's Foreword Class Without Ostentation
- McDermott On Demand: Pass the Scalpel, Please
- A Path to Writeousness: What the Seven Deadly Sins Might Teach Us About Written Advocacy
- "I Learned About Litigating from That" Adapt and Take Advantage of Opportunities
- The Fine Line Between Protected Demand Letters and Extortion
- Forfeiture at the Pleading Stage: Ask Permission First, Don't Apologize Later
- The Disentitlement Doctrine: a Trap for Unwary Judgment Debtors in Civil Appeals
- Be Prepared: Your Week in Legal London Jurisdiction is no bar - the English barrister is abroad
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.