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