Hi, again and thank you for requesting me,
In Answer to your questions,
1. The Rule you are referring to means that you have to state all the issues you intend to present to the US Court of Appeals. However, if I were in your position, I would include the other issues also because the worst that can happen is that the Court of Appeals tells you that it will not hear them because they were not stated and submitted within the 14 days as prescribed by the Rules;
2. I agree with you. What the District Court said is ambiguous and confusing. However, that is why you are appealing. Even if the District Court dismissed your case with prejudice, that does not preclude you from raising that issue on appeal and having the Court of Appeals review the dismissal. Submit a statement that the District Court did not try the case on the merits. If the Court of Appeals says that you did not state a cause of action in your Complaint, then ask the Court of Appeals to allow you to file an "Amended Complaint" in the District Court,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).