Unfair surprise definition
Unfair surprise means a lack of reasonable certainty or fair warning of what a legal standard administered by an agency requires. The meaning of this term should be informed by the examples of lack of fair notice discussed by the Supreme Court in Christopher v. SmithKline Beecham Corp., 567 U.S. 142, 156 & n.15 (2012).
Unfair surprise means a situation in which a party, having had no notice of some action or proffered evidence, is unprepared to answer or refute it.