U.S. v. Nash

1 Citing case

  1. In re United Air Lines, Inc.

    438 F.3d 720 (7th Cir. 2006)   Cited 19 times
    Applying third-party beneficiary analysis to find duty to a contractual non-party

    No one raised this doctrine, either below or on appeal. We should generally refrain from deciding nonjurisdictional issues on grounds not asserted by the parties, see United States v. Nash, 29 F.3d 1195, 1202, n. 5 (7th Cir. 1994), not least because it sabotages the adversarial process. See McNeil v. Wisconsin, 501 U.S. 171, 181 n. 2, 111 S.Ct. 2204, 115 L.Ed.2d 158 (1991) ("What makes a system adversarial rather than inquisitorial is . . . the presence of a judge who does not (as an inquisitor does) conduct the factual and legal investigation himself, but instead decides on the basis of facts and arguments pro and con adduced by the parties.").