Holmes v. Spencer

Because our decision to remand rests wholly on a claim for equitable relief that is not properly before us, I respectfully dissent.

“There are few principles more securely settled in this court than the principle which holds that, absent exceptional circumstances, an appellant cannot raise an argument for the first time in a reply brief.” N. Am. Specialty Ins. Co. v. Lapalme, 258 F.3d 35, 45 (1st Cir.2001). We have long held, “with a regularity bordering on the monotonous,” that such arguments are deemed waived, and with good reason: an appellee cannot conscionably be expected to respond, in…