party-presentation-principle

10 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-7142 Jaron McCree v. United States Fifth Circuit 2026-04-03 Pending IFP alternative-grounds-for-affirmance appellate-jurisdiction appellate-review fact-finding party-presentation-principle waiver (1) Did the Fifth Circuit clearly violate the party presentation principle by affirming Petitioner's judgment based on a hypothetical finding of fact …
25-7067 Davonte J. Coe v. United States Fourth Circuit 2026-03-18 Pending Response WaivedIFP appellate-review clearly-erroneous-standard excessive-force factual-findings party-presentation-principle remand When a district court declines to make factual findings because an antecedent legal ruling makes those findings unnecessary, and an appellant challeng…
25-1088 Ulysses Lee Feagin v. Mansfield Police Department, et al. Sixth Circuit 2026-03-17 Pending appellate-jurisdiction excessive-force Johnson-v-Jones party-presentation-principle qualified-immunity tasing Whether the Court of Appeals violated the party presentation principle by reversing the district court on grounds never raised, and in fact affirmativ…
25A1007 Accord Trucking, Inc. v. FedEx Ground Package System, Inc. Arizona 2026-03-13 Application appellate-review dispositive-relief judicial-neutrality jury-trial-right party-presentation-principle procedural-due-process This case presents important questions concerning the Party Presentation Principle, judicial neutrality, procedural due process, and the constitutiona…
25-1073 Pennsylvania, et al. v. Jose Montanez, et al. Third Circuit 2026-03-11 Pending americans-with-disabilities-act appellate-procedure federal-funding-recipients party-presentation-principle section-504-rehabilitation-act vicarious-liability 1. Did the Court of Appeals violate the party presentation principle by sua sponte inserting the derivative liability issue into the case? 2. Are pub…
25-855 The Visionary, Books + Cafe, LLC v. Bank OZK Eleventh Circuit 2026-01-16 Denied Amici (1)Response Waived arbitral-award contract-interpretation federal-arbitration-act judicial-review party-presentation-principle sua-sponte-grounds This petition concerns the proper scope of judicial review under §10(a)(4) of the Federal Arbitration Act, which permits a court to vacate an arbitral…
23-812 Arizona, et al. v. Mackenzie Brown Ninth Circuit 2024-01-29 Denied Response RequestedResponse WaivedRelisted (2) civil-rights deliberate-indifference due-process educational-institution off-campus-conduct party-presentation-principle student-discipline student-harassment substantial-control title-ix 1. Title IX of the Education Amendments of 1972 provides that "[n]o person in the United States shall, on the basis of sex, be excluded from participa…
23-5116 Jeremy David Adams v. United States Sixth Circuit 2023-07-17 Denied Response WaivedIFP bond-motion continuance continuance-exclusion party-presentation-principle plain-error-review pretrial-detention pretrial-release sixth-circuit-rule speedy-trial-act statutory-interpretation (I). Is the Sixth Circuit's new rule, in opposition to 7 other Courts of Appeals - that the protections of Speedy Trial Act 18 USC § 3161(h)(l)(H)'s 3…
22-578 Richard Behar v. Department of Homeland Security Second Circuit 2022-12-22 Denied Amici (2) agency-records appellate-procedure confidentiality foia-exemption-7c freedom-of-information-act party-presentation-principle presidential-administration privacy-interests statutory-interpretation 1. Whether documents obtained and used by a federal agency in the legitimate conduct of its official duties are not "agency records" and thus never su…
18-9188 Eric Thorton Von Hall v. Brad Cain, Superintendent, Snake River Correctional Institution Ninth Circuit 2019-05-07 Denied Response WaivedIFP appellate-court appellate-procedure article-iii article-three constitutional-interpretation due-process habeas-corpus ineffective-assistance-of-counsel judicial-discretion mistake-of-law party-presentation party-presentation-principle Whether Article III of the Constitution and the party presentation principle foreclose appellate court judges from relying on an argument not presente…