Topic: it is hornbook law that theories not raised squarely in the… · Go Syfert
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Topic #1275

6 canonical passages across 5 cases, quoted by 23 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Cherokee Nation v. United States.

#Case FlagCanonical passage Citers
1 Cherokee Nation v. United States Anchor
scotus · 1992
green “it is hornbook law that theories not raised squarely in the district court cannot be surfaced for the first time on appeal.” 5
2 Choate v. United States
scotus · 1994
green “he fact that the organization's methods and tactics evolved over time did not dictate a finding of two, three, or four separate conspiracies.” 5
3 New England Foundation Co. v. Reed
mass · 1911
green “the gist of a civil action of this sort is not the conspiracy, but the deceit or fraud causing damage to the plaintiff, the combination being charged merely for the purpose of fixing joint liability on the defendants.” 4
4 Phelan v. Atlantic National Bank
mass · 1938
green “verment of conspiracy does not ordinarily change nature of cause of action nor add to its legal force.” 3
5 Cherokee Nation v. United States
scotus · 1992
green “theories not raised squarely in the district court cannot be surfaced for the first time on appeal” 3
6 Mickler v. Nimishillen & Tuscarawas Railway Co.
scotus · 1994
green “since the rico statute does not contain any provisions concerning the award of prejudgment interest, the district court had discretion as to whether to award such interest.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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