context: The Secretary argues Woodruff does not have a disability in the technical sense of 42 U.S.C. SS 12102(2). But as noted above, this argument appeared first in the Secretary's Reply to Woodruffs Opposition, at which point Woodruff had no opportunity to develop the record in response. Therefore, we shall not consider the argument here.
citation_a.signal: see
citation_a.identifier: 428 U.S. 106, 121
citation_a.parenthetical: "The matter of what questions may be taken up and resolved for the first time on appeal is one left primarily to the dis cretion of the courts of appeals, to be exercised on the facts of individual cases."
citation_a.sentence: See Singleton v. Wulff, 428 U.S. 106, 121, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“The matter of what questions may be taken up and resolved for the first time on appeal is one left primarily to the dis cretion of the courts of appeals, to be exercised on the facts of individual cases.”); Sadlowski v. United Steelworkers of Am., 645 F.2d 1114, 1120 (D.C.Cir.1981) (“Typically when summary judgments are upheld on grounds different from those relied on by the district court, the other grounds were urged at trial.”), rev’d on other grounds, 457 U.S. 102, 102 S.Ct. 2339, 72 L.Ed.2d 707 (1982); cf. Ramirez de Arellano v. Weinberger, 745 F.2d 1500, 1537 (D.C.Cir.1984) (en banc) (refusing to order summary judgment prior to discovery, as it would be “clearly unjust for the appellate court to direct the issuance of summary judgment” unless the issue “was clearly framed by the proceedings below so that the parties had a legitimate chance to submit all relevant materials and argue their implications”), vacated on other grounds, 471 U.S. 1113, 105 S.Ct. 2353, 86 L.Ed.2d 255 (1985).
citation_b.signal: cf.
citation_b.identifier: 745 F.2d 1500, 1537
citation_b.parenthetical: refusing to order summary judgment prior to discovery, as it would be "clearly unjust for the appellate court to direct the issuance of summary judgment" unless the issue "was clearly framed by the proceedings below so that the parties had a legitimate chance to submit all relevant materials and argue their implications"
citation_b.sentence: See Singleton v. Wulff, 428 U.S. 106, 121, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“The matter of what questions may be taken up and resolved for the first time on appeal is one left primarily to the dis cretion of the courts of appeals, to be exercised on the facts of individual cases.”); Sadlowski v. United Steelworkers of Am., 645 F.2d 1114, 1120 (D.C.Cir.1981) (“Typically when summary judgments are upheld on grounds different from those relied on by the district court, the other grounds were urged at trial.”), rev’d on other grounds, 457 U.S. 102, 102 S.Ct. 2339, 72 L.Ed.2d 707 (1982); cf. Ramirez de Arellano v. Weinberger, 745 F.2d 1500, 1537 (D.C.Cir.1984) (en banc) (refusing to order summary judgment prior to discovery, as it would be “clearly unjust for the appellate court to direct the issuance of summary judgment” unless the issue “was clearly framed by the proceedings below so that the parties had a legitimate chance to submit all relevant materials and argue their implications”), vacated on other grounds, 471 U.S. 1113, 105 S.Ct. 2353, 86 L.Ed.2d 255 (1985).