No. 23-204
WY Plaza LC v. Safeway Stores 46 Inc.
Tags: affirmance affirmance-standard alternative-bases alternative-grounds appellate-procedure brief-waiver circuit-split civil-procedure judicial-procedure legal-waiver waiver
Latest Conference:
2023-11-03
Question Presented (from Petition)
Whether an appellee is obligated to raise all alternative bases for affirmance in its answer brief, or risk waiver of those alternative bases, in contravention of the widely accepted no-waiver-by-appellees rule.
Question Presented (AI Summary)
Whether an appellee is obligated to raise all alternative bases for affirmance in its answer brief, or risk waiver of those alternative bases
Docket Entries
2023-11-06
Petition DENIED.
2023-10-18
DISTRIBUTED for Conference of 11/3/2023.
2023-10-11
Reply of petitioner WY Plaza, LC filed.
2023-09-29
Brief of respondent Safeway Stores 46 Inc. in opposition filed.
2023-08-31
Petition for a writ of certiorari filed. (Response due October 5, 2023)
Attorneys
Safeway Stores 46 Inc.
John F. Kurtz Jr. — Kurtz Law PLLC, Respondent
WY Plaza LC
Clifford Scott Davidson — Snell & Wilmer LLP, Petitioner