In their latest Daily Journal column, Manatt Appellate Partner Benjamin Shatz, Litigation Counsel Benjamin Strauss and Litigation Associate Patrice Ruane discussed the party presentation doctrine, including when courts can contribute to shaping the issues they will decide and what happens when they push the boundaries of the doctrine too far.
The authors explored several instances where courts strayed from the doctrine and impacted the results of the cases. “Courts at all levels, including the Supreme Court, continue to struggle to color within the lines of the party presentation doctrine,” they wrote.
Daily Journal subscribers can read the full article here.