award. We make two preliminary observations about this element of the res judicata test. First, we note that this issue was ■ preserved for appellate review. We agree with Nuance that, in Vocada’s opposition to Nuance’s motion to dismiss,' Vocada failed to raise the argument that the arbitration award is not a final judgment on the merits. Vocada raised this non-finality argument for the first time in its Rule 59(e) motion. Ordinarily, this would mean that Vocada forfeited this finality argument. See U.S. Bank Nat’l Ass’n v. Verizon Commc’ns, Inc., 761 F.3d 409, 425 (5th Cir.2014) (“This court will typically not consider an issue or a new argument raised for the first time in a motion for reconsideration in the district court.”); Kohler v. Englade, 470 F.3d 1104, 1114 (5th Cir.2006) (<HOLDING>). However, we have held that a new argument
holding that an issue not raised on appeal is waived holding that an argument raised for the first time in a reply brief is waived holding that an argument raised for the first time in a rule 59e motion is waived on appeal holding argument is waived when raised for first time in reply brief holding a rule 59e motion unnecessary to preserve an argument for appeal where the issue was raised to and ruled upon by the circuit court