Does the waiver rule apply in civil cases?

^9. We appear at least once to have explicitly declined to decide this issue. See O'Neill v. Krzeminski, 839 F.2d 9, 12 (2d Cir. 1988) (noting that "[i]n the criminal context, . . . a defendant is obliged to alert a trial judge to a claim that one basis for conviction of an offense is not supported by sufficient evidence; in the absence of such particularized objection, the point is waived," but refraining from "decid[ing] . . . how rigorously the waiver rule of the criminal cases should apply in the civil context").