Leverette v. Louisville Ladder Co., 183 F.3d 339 (5th Cir. 1999). · Go Syfert
Leverette v. Louisville Ladder Co., 183 F.3d 339 (5th Cir. 1999). Cases Citing This Book View Copy Cite
610 citation events (559 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) IMA v. Columbia Hospital
5th Cir. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
this court will not consider an issue that a party fails to raise in the district court absent extraordinary circumstances.
examined Cited as authority (verbatim quote) Barnes v. Braaten
5th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
the court will not allow a party to raise an issue for the first time on appeal merely because a party believes that he no. 03-41404 -4- might prevail if given the opportunity to try a case again on a different theory.
examined Cited as authority (verbatim quote) Coggin v. Longview Indep Sch
5th Cir. · 2003 · quote attribution · 1 verbatim quote · confidence high
this court will not 23 singleton v. wulff, 428 u.s. 106, 120 (1976); conley v. bd. of trs. of grenada county hosp., 707 f.2d 175, 178 (5th cir. 1983) ("as a general principle of appellate review, we refuse to consider issues not raised below.
discussed Cited as authority (rule) Thomas v. DeJoy
5th Cir. · 2026 · confidence medium
Because Thomas failed _____________________ 23 See Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999). 24 Thomas Br. at 35. 25 Brown v. Sudduth, 675 F.3d 472, 477 (5th Cir. 2012). 26 In re La.
discussed Cited as authority (rule) Goodley v. Supreme Rice
5th Cir. · 2026 · confidence medium
Under the Federal Employees’ Compensation Act: If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to . . . assign to the United States any right of action he may have to enforce the liability . . . . 32 A subrogation obligation arises only “under circumstances creating a legal liability on a person other than the United States to pay damages,” and it only extends to “any rig…
cited Cited as authority (rule) Sanders v. Arnold
5th Cir. · 2026 · confidence medium
See Theriot v. Par. of Jefferson, 185 F.3d 477 , 491 n.26 (5th Cir. 1999); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Bangmon v. Tucker
5th Cir. · 2025 · confidence medium
We also generally refrain from considering new arguments on appeal, Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999) (per curiam), and see no reason to deviate from that practice here.
cited Cited as authority (rule) United States v. Clark
5th Cir. · 2025 · confidence medium
See United States v. Thompson, 984 F.3d 431 , 432 n.1 (5th Cir. 2021); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) United States v. Mascarenas-Jaramillo
5th Cir. · 2025 · confidence medium
See United States v. Thompson, 984 F.3d 431 , 432 n.1 (5th Cir. 2021); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Sparks v. Smith (2×) also: Cited "see"
5th Cir. · 2025 · confidence medium
Thus, he has abandoned any claim related to that motion, see Yohey, 985 F.2d at 224-25 , and we need not review claims that the district court did not consider, see Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) United States v. Rincon-Rincon
5th Cir. · 2025 · confidence medium
See United States v. Thompson, 984 F.3d 431 , 432 n.1 (5th Cir. 2021); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Fuller v. CIG Financial
5th Cir. · 2025 · confidence medium
We will not consider new factual allegations or evidence presented for the first time on appeal, see Theriot v. Par. of Jefferson, 185 F.3d 477 , 491 n.26 (5th Cir. 1999), nor will we permit a party to 3 Case: 24-10053 Document: 71-1 Page: 4 Date Filed: 02/21/2025 No. 24-10053 present a new theory of relief on appeal, see Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) Hunter v. JP Morgan Chase
5th Cir. · 2025 · confidence medium
See Theriot v. Par. of Jefferson, 185 F.3d 477 , 491 n.26 (5th Cir. 1999); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) United States v. Fondren
5th Cir. · 2025 · confidence medium
See United States v. Thompson, 984 F.3d 431 , 432 n.1 (5th Cir. 2021); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) Zhang v. Allen
5th Cir. · 2024 · confidence medium
Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) United States v. Roundtree
5th Cir. · 2024 · confidence medium
Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) United States v. Garay
5th Cir. · 2024 · confidence medium
See United States v. Thompson, 984 F.3d 431 , 432 n.1 (5th Cir. 2021); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) United States v. Joseph
5th Cir. · 2024 · confidence medium
The court came to this conclusion even where the appellees did not argue forfeiture in their brief.1 See also Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Cory v. Stewart
5th Cir. · 2024 · confidence medium
Johnson v. Talley, 243 F. App’x 10, 11 (5th Cir. 2007) (“Because these arguments are being raised for the first time on appeal, we do not consider them.” (citing Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999)).
cited Cited as authority (rule) United States v. Joseph
5th Cir. · 2024 · confidence medium
The court came to this conclusion even where the appellees did not argue forfeiture in their brief. 1 See also Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) Ellis v. City of White Settlement
5th Cir. · 2024 · confidence medium
Leverette v. Louisville Ladder Co., 183 F.3d 339, 341-42 (5th Cir. 1999).
cited Cited as authority (rule) Johnson v. Kelly
5th Cir. · 2024 · confidence medium
Ctrs., Inc., 200 F.3d 307 , 316-17 (5th Cir. 2000); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) Davis v. Wise
5th Cir. · 2024 · confidence medium
Tammany Parish, 336 F.3d 363, 372 (5th Cir. 2003); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Gilliard v. Groesbeck Police Dept
5th Cir. · 2023 · confidence medium
This court “will not allow a party to raise an issue for the first time on appeal merely because a party believes that he might prevail if given the opportunity to try a case again on a different theory.” Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Hicks v. Ivy
5th Cir. · 2023 · confidence medium
Assuming arguendo that this court should consider the newly raised claim, cf. Leverette v. Louisville Ladder Co., 183 F.3d 339, 341-42 (5th 2 Case: 23-40311 Document: 00516975537 Page: 3 Date Filed: 11/21/2023 No. 23-40311 Cir. 1999); Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993), Hicks has not shown that he is entitled to equitable tolling.
cited Cited as authority (rule) United States v. Samson
5th Cir. · 2023 · confidence medium
See United States v. Thompson, 984 F.3d 431 , 432 n.1 (5th Cir. 2021); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) United States v. Yzaguirre
5th Cir. · 2023 · confidence medium
See United States v. Thompson, 984 F.3d 431 , 432 n.1 (5th Cir. 2021); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Roberts v. Dallas County
5th Cir. · 2023 · confidence medium
To the extent Roberts is attempting to raise new claims, he may not do so, as a party is not permitted “to raise an issue for the first time on appeal merely because [he] believes that he might prevail if given the opportunity to try a case again on a different theory.” Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999) (internal quotation marks and citation omitted).
cited Cited as authority (rule) Nelson v. Sollie
5th Cir. · 2023 · confidence medium
See Martinez v. Pompeo, 977 F.3d 457, 460 (5th Cir. 2020); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Vela v. Presley
5th Cir. · 2023 · confidence medium
See Martinez v. 2 Case: 22-40484 Document: 00516738378 Page: 3 Date Filed: 05/04/2023 No. 22-40484 Pompeo, 977 F.3d 457, 460 (5th Cir. 2020); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999) (same).
discussed Cited as authority (rule) Haygood v. Dies
5th Cir. · 2023 · confidence medium
P. 12(g)(2), 12(h)(2). 24 Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999) (per curiam) (“[G]enerally speaking, we will not consider an issue raised for the first time in a Motion for Reconsideration.”). 25 Id. at 342 . 26 Haygood v. Dies, 127 So. 3d 1008, 1015 (La.
cited Cited as authority (rule) United States v. Evans
5th Cir. · 2023 · confidence medium
See United States v. Thompson, 984 F.3d 431 , 432 n.1 (5th Cir.), cert. denied, 141 S. Ct. 2688 (2021); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Dynamic CRM v. UMA Education
5th Cir. · 2022 · confidence medium
Having failed to make such an argument below, UMA is not entitled to a do-over for purposes of fleshing out this forfeited theory.39 V For these reasons, the judgment of the district court is AFFIRMED. 38 See United States v. Scroggins, 599 F.3d 433, 446 (5th Cir. 2010) (inadequately briefed arguments are forfeited). 39 See Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999); Priester v. Lowndes Cnty., 354 F.3d 414 , 424–25 (5th Cir. 2004); White v. Walker, 950 F.2d 972, 980 (5th Cir. 1991); cf. United States v. Lee, 358 F.3d 315, 324 (5th Cir. 2004). 16
cited Cited as authority (rule) Pearson v. William
5th Cir. · 2022 · confidence medium
See Theriot v. Parish of Jefferson, 185 F.3d 477 , 491 n.26 (5th Cir. 1999); Leverette v. Louisville Ladder Co., 183 F.3d 339, 341-42 (5th Cir. 1999).
discussed Cited as authority (rule) Butler v. Denka Performance Elastomer
5th Cir. · 2021 · confidence medium
In general, we do “not allow a party to raise an issue for the first time on appeal merely because a party believes that he might prevail if given the opportunity to try a case again on a different theory.” Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999) (internal quotation marks and citation omitted). 25 Even the case Butler principally relies on defines with specificity the relevant duty applicable to the employment context of that case.
cited Cited as authority (rule) Dao v. Upton
5th Cir. · 2021 · confidence medium
See Martinez v. Pompeo, 977 F.3d 457, 460 (5th Cir. 2020); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) United States v. Wells
5th Cir. · 2021 · confidence medium
See Thompson, 984 F.3d at 432 n.1; Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Big Tyme Investments v. Edwards
5th Cir. · 2021 · confidence medium
While we review legal determinations de novo, “[t]he Court will not allow a party to raise an issue for the first time on appeal merely because a party believes that he might prevail if given the opportunity to try a case again on a different theory.” Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999). 15 Case: 20-30526 Document: 00515705864 Page: 16 Date Filed: 01/13/2021 No. 20-30526 c/w No. 20-30537 review when heightened scrutiny applies.
discussed Cited as authority (rule) United States v. Duarte
5th Cir. · 2020 · confidence medium
L. 116-136, § 12003 (b)(2), 134 Stat. 281 (2020), because the argument was not presented to the district court and he has not shown extraordinary circumstances warranting this court’s review in the first instance, see Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) Knoth v. Keith
S.D. Miss. · 2020 · confidence medium
Code Ann. § 11–1–63(a)(i)(1); Leverette v. Louisville Ladder Co., 183 F.3d 339, 341 (5th Cir. 1999).
cited Cited as authority (rule) Raymond Carr v. Ed Gonzalez
5th Cir. · 2020 · confidence medium
See Theriot v. Parish of Jefferson, 185 F.3d 477 , 491 n.26 (5th Cir. 1999); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Billy Melot v. Thomas Bergami
5th Cir. · 2020 · confidence medium
CONCLUSION Based on the foregoing, the district court’s judgment is AFFIRMED. 15 See Wilson v. Roy, 643 F.3d 433 , 435 n.1 (5th Cir. 2011); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999). 8
cited Cited as authority (rule) United States v. Seferino Avila
5th Cir. · 2020 · confidence medium
United States v. Poff, 807 F. App’x 391 , 392 (5th Cir. 2020) (citing Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) United States v. Julia Poff
5th Cir. · 2020 · confidence medium
L. 116-136, §12003 (b)(2), 134 Stat. 281 (2020), because they were not presented to the district court and she has not shown extraordinary circumstances warranting this court’s review in the first instance, see Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir.1999). 2
discussed Cited as authority (rule) Eddy Spearman v. William Stephen
5th Cir. · 2020 · confidence medium
Arguments not raised before the district court are forfeited and will not be considered on appeal unless the party can demonstrate “extraordinary circumstances.” Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) Benjamin Franklin v. Glenna Blair
5th Cir. · 2020 · confidence medium
Tammany Parish, 336 F.3d 363, 372 (5th Cir. 2003); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
cited Cited as authority (rule) Derrick Davis v. Raymond Laborde Corrtl Center, et
5th Cir. · 2019 · confidence medium
Ctrs., Inc., 200 F.3d 307 , 316-17 (5th Cir. 2000); Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Anthony Trejo v. Janssen Phrmctl Products, L.P., e
5th Cir. · 2019 · confidence medium
We decline to address his argument that he was entitled to equitable tolling while suffering a disability because we do “not consider an issue that a party fails to raise in the district court absent extraordinary circumstances.” See Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999).
discussed Cited as authority (rule) Steven Hopkins v. Kim Ogg
5th Cir. · 2019 · confidence medium
By failing to brief any argument regarding these claims, Hopkins has abandoned them on appeal. 18 VI In Heck, the Supreme Court directed that, “in order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal” or otherwise invalidated by official action. 19 If a pretrial detainee brings claims that may ultimately be barred by Heck, the best practice is for the district co…
Retrieving the full opinion text from the archive…
Leverette
v.
Louisville Ladder Company
98-60488.
Court of Appeals for the Fifth Circuit.
Jul 13, 1999.
183 F.3d 339
Davis, Duhé, Parker.
Unpublished
PER CURIAM:

Milton Lee Leverette brought suit against Louisville Ladder Company asserting that manufacturing defects were responsible for injuries suffered in a work-related fall. The district court, excluding Leverette’s expert’s testimony, granted Louisville Ladder’s Motion for Judgment as a Matter of Law. Leverette appeals. We AFFIRM.

I. FACTS AND PROCEEDINGS

In March, 1995, Milton Lee Leverette was working for Vicksburg Video as a cable installer and technician. As a part of his work duties, Leverette used a 28-foot fiberglass extension ladder to check and install cable on utility poles. While working on March 25, 1995, Leverette placed his ladder against the utility pole to check the cable of one of his customers. As he reached the third rung from the top, the ladder broke in half, and Leverette fell approximately 30 feet to the ground. Lev-erette suffered severe injuries to his shoulder, back, and abdomen, requiring two surgeries.

Leverette filed a complaint against the manufacturer of the ladder, Louisville Ladder Company, under the Mississippi Product Liability Act (“MPLA”) alleging that he suffered severe personal injuries as a result of a manufacturing defect. Leverette enlisted the assistance of Dr.[*341] Shelby Thames, a professor of chemistry and polymer sciences at the University of Southern Mississippi. Upon completion of the discovery deposition of Dr. Thames, Louisville Ladder filed a Motion for Summary Judgment and further, filed a Motion to Exclude the testimony of Dr. Thames pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). The district court denied both Motions. Louisville Ladder also moved to strike Dr. Thames’ testimony on the ground that Leverette failed to produce a list of the cases that its expert had testified in the past four years and the amount that they were paying Dr. Thames, pursuant to Fed.R.Civ.P. 26. The district court ordered Leverette to produce the expert information within five days.

Prior to trial, Louisville Ladder renewed its Daubert motion and requested the court to strike Dr. Thames’ testimony because the Rule 26 expert information was not provided.

At trial, Leverette called Dr. Thames who opined that the ladder had a manufacturing defect because there was no adhesion between the fiberglass and the polymer matrix making up the ladder. At the conclusion of Dr. Thames’ testimony, the district court ruled that Dr. Thames’ testimony was irrelevant and excluded his testimony. The district court subsequently granted Louisville Ladder’s Motion for Judgment as a Matter of Law under Fed. R.Civ.P. 50.

II. DISCUSSION

We review the district court’s decision to grant a Motion for Judgment as a Matter of Law de novo. See Garcia v. Woman’s Hosp. of Texas, 97 F.3d 810, 812 (5th Cir.1996). We consider all the evidence in the light and with all inferences most favorable to the party opposed to the motion. See Ikerd v. Blair, 101 F.3d 430, 432 (5th Cir.1996). We review the district court’s decision to exclude expert testimony for an abuse of discretion. See General Electric Co. v. Joiner, 522 U.S. 136, 118 S.Ct. 512, 517, 139 L.Ed.2d 508 (1997); Moore v. Ashland Chemical Inc., 151 F.3d 269, 274 (5th Cir.1998).

Leverette contends that the district court abused its discretion in excluding Dr. Thames’ testimony on the ladder’s manufacturing defect. The district court, relying on Daubert, Fed.R.Evid. 702, and Fed.R.Evid. 703, excluded the testimony, ruling that the testimony was irrelevant to proving that the ladder had a manufacturing defect. We hold that the district court did not abuse its discretion in excluding the expert’s testimony for a lack of relevance.

To prevail in a products liability case under Mississippi law, the plaintiff must prove, at the time the product left control of the manufacturer or seller, “[t]he product was defective because it deviated in a material way from the manufacturer’s specifications or from otherwise identical units manufactured to the same manufacturing specifications_” Miss.Code. Ann. § 11-1-63(a)(i)(1).

Louisville Ladder manufactures its ladders to meet specifications under the American National Standard Institute (“ANSI”). The ANSI standards provide a set of minimum performance and dimensional requirements for the manufacture of products. ANSI A14.5 specifies materials to be used in manufacturing, the properties of the materials, the types of tests to be performed, and minimum test results. Further, the ANSI relies on the American Society of Testing and Materials (“ASTM”) for performing strength, physical, and mechanical property tests for fiberglass.

The district court ruled, and we agree, that Dr. Thames failed to assess whether the ladder met ANSI standards in accordance with the requirements under Mississippi law. The district court did not abuse its discretion.

Leverette now contends that this Court should apply a risk-utility analysis[*342] to the ladder under Sperry-New Holland v. Prestage, 617 So.2d 248 (Miss.1993) to find that it was a defective product. The risk-utility analysis applies to design defects case, not manufacturing defect cases. See Miss.Code. Ann 11-1-63 (a)(i)(1),(b), “The Court will not allow a party to raise an issue for the first time on appeal merely because a party believes that he might prevail if given the opportunity to try a case again on a different theory.” See Forbush v. J.C.Penney Co., 98 F.3d 817, 822 (5th Cir.1996). Leverette did not assert a design defect theory and cannot present this issue on appeal.

Finally, Leverette contends that the district court should have considered his Motion for Reconsideration to challenge the constitutionality of the MPLA. This Court will not consider an issue that a party fails to raise in the district court absent extraordinary circumstances, see North Alamo Water Supply Corp. v. City of San Juan Texas, 90 F.3d 910, 916 (5th Cir.1996) (declining to consider constitutional challenge to statute on appeal), and generally speaking, we will not consider an issue raised for the first time in a Motion for Reconsideration. See Browning v. Navarro, 894 F.2d 99, 100 (5th Cir.1990).

III. CONCLUSION

For the foregoing reasons, the district court’s opinion is AFFIRMED.