What is the test for remand to the Court of Appeal?
MultiRegion, United States of America
The following excerpt is from Rothstein v. Am. Int'l Grp., Inc., 837 F.3d 195 (2nd Cir. 2016):
Because the district court did not reach this question, we remand so that the court may consider it in the first instance. See Pinnacle Nursing Home v. Axelrod , 928 F.2d 1306, 1317 (2d Cir. 1991) (It is a general rule that a federal appellate court does not consider an issue not passed upon below. (internal quotation marks omitted)).
[837 F.3d 212]
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