Where a plaintiff may advance new arguments on appeal

QUESTIONS PRESENTED 1. Where a plaintiff adequately argues and preserves a federal claim or a state law claim before the district court, may the plaintiff advance new arguments in favor of that claim on appeal before the federal appellate court? 2. Given the general rule a federal appellate court does not consider an issue not passed upon below, does a federal appellate court err as a matter of law or abuse its discretion in deciding an issue not passed upon by the district court without first considering (a) whether an exception to the general rule applies and (b) whether, even if an exception applies, the particular circumstances of the case overcome the presumption against deciding an issue not passed upon by the district court? ii LIST OF ALL