The Volokh Conspiracy

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Sixth Circuit

A Jurisprudential Feast Put on Ice

The consequences of failing to preserve issues for appellate review.


Today the U.S. Court of Appeals for the Sixth Circuit decided Sheet Metal Workers' Health and Welfare Fund of North Carolina v. Law Office of Michael A. Demayo, LLP. The opinion by Judge Readler begins:

For those who enjoy unsettled legal questions, who would not welcome the opportunity to navigate a labyrinth of ancient equitable doctrines nested within a federal statute, with little precedent to inform that review? All of that is presented in this appeal. Add to that the amici participation of a federal agency, and the table seemingly is set for a jurisprudential feast. But resolution of those issues must remain on ice, so to speak, because they were not preserved for appellate review. On that basis, we affirm the judgment of the district court.

And thus, the feast is postponed.