Whether the Interstate Commerce Commission
Termination Act's granting of exclusive jurisdiction to
the Surface Transportation Board is a jurisdictional issue, thereby permitting the exception in Rollins to the
traditional rule that issues not raised at the District
Court level are forfeited.

Whether a jurisdictional function of the United
States Code reviewed de novo after summary judgment
constitutes an issue that is purely legal, thereby
permitting the second exception in Rollins to the traditional rule that issues not raised at the District
Court level are forfeited.

Whether an argument is not raised at the District
Court level is deemed forfeited when the plaintiff had
no legal standing to bring the subject claim and raise
the subject argument until the District Court ruled adversely to plaintiff's interests.

Whether it is proper for the District Courts and
Appellate Courts to access the credibility of witnesses
and determine the weight of evidence in a summary
judgment proceeding, rather than assessing whether
an issue of fact exists.

Whether it is proper for the Court of Appeals to
"affirm a ruling" that never existed.

Whether it is proper for an Appellate Court to disregard a legal issue when conducting a de novo review
simply because no argument was made at the District
Court level.

Whether the ICCTA-preemption-is-a-jurisdictional-issue