Appellate lawyer Daniel Klau is like the goalie in a soccer game who’s just lost a 1-0 game, with the winning goal booted in by the referee. The deciding legal issue in his case was interjected at the appeal stage by the Appellate Court itself. Since then, Klau has been asking, “Is this really possible?”

In a word, “yes,” answered Supreme Court Associate Justice Richard Palmer, writing for a unanimous court in Blumberg Associates Worldwide v. Brown & Brown.