Does the waiver rule apply in the civil context?

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).

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).