Park West Galleries, Inc. v. Bruce Hochman

While I concur in affirming the district court’s judgment, I write separately to express my views as to the proper grounds for reaching this result. I do not believe it is necessary to reach the question of waiver and the application of Jones v. Illinois Central Railroad Co., 617 F.3d 843 (6th Cir.2010), in this instance.

This Circuit has previously recognized that “waiver is a prudential rule, not a jurisdictional one.” Vistein v. Am. Registry of Radiologic Technologists, 342 Fed.Appx. 113, 124 n. 3 (6th Cir.2009) (unpublished opinion) (quoting United States v. Martin, 438 F.3d 621, 627 (6th…