Litigation

Cal. Litig. 2015, Volume 28, Number 1

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.

Join CLA to access this page

Join

Log in

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

Payment