Legal Opinion

Weber v. Department of Veterans Affairs

Court of Appeals for the Ninth Circuit

Decided April 4, 2008No. 06-35522PublishedCited by 83 opinions

1Opinion of the Court

ORDER

The opinion filed on January 15, 2008, is hereby amended as follows:

At slip op., p. 529, 512 F.3d 1178, 1183-84, delete the following:

Because Dr. Weber failed to raise this claim before the district court, and no exceptional circumstances justify this failure, we decline to address this claim. See Monetary II Ltd. P’ship v. Comm’r, 47 F.3d 342, 347 (9th Cir.1995) (internal quotation marks omitted) (stating “[a]s a general rule, an appellate court will not consider arguments which were not first raised before the district court, absent a showing of exceptional circumstances”).

Replace with…

2Cases cited11 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. United States v. FaustoSupreme Court of the United States · 1988
  3. Silvas v. ETrade Mortgage Corp.Court of Appeals for the Ninth Circuit · 2008
  4. United States v. HopkinsSupreme Court of the United States · 1976
  5. Prison Legal News v. LehmanCourt of Appeals for the Ninth Circuit · 2005

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3Cited by83 opinions

  1. In Re Gilead Sciences Securities LitigationCourt of Appeals for the Ninth Circuit · 2008
  2. Cousins v. LockyerCourt of Appeals for the Ninth Circuit · 2009
  3. Young v. City of VisaliaDistrict Court, E.D. California · 2009
  4. James Kroessler v. Cvs Health CorporationCourt of Appeals for the Ninth Circuit · 2020
  5. Rouse v. United States Department of StateCourt of Appeals for the Ninth Circuit · 2009

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