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Appellate Practice

Feb. 6, 2024

Let’s party: Federal courts and the party presentation doctrine

Courts at all levels, including the Supreme Court, continue to struggle to color within the lines of the party presentation doctrine.

Benjamin G. Shatz

Partner, Manatt, Phelps & Phillips LLP

Appellate Law (Certified), Litigation

Email: bshatz@manatt.com

Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.

Benjamin E. Strauss

Litigation & Appellate Counsel, Manatt, Phelps & Phillips LLP

Phone: (310) 312-4119

Email: BStrauss@manatt.com

Patrice Ruane

Associate, Manatt, Phelps & Phillips, LLP

We’ve all seen this high school movie: With the parents out of town, a teen decides to have a party. The host valiantly tries to keep it small – but to no avail. The doorbell rings, the host answers, every student from the high school pours in, and chaos ensues. This storyline plays out in the appellate world, albeit with less property damage and comic relief, in the party presentation doctrine, which attempts to answer the question: Who decides who (or what) comes t...

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