Commercial Litigation and Arbitration

Issues Inadequately Briefed on Appeal Are Deemed Waived

From Real Estate Innovations, Inc. v. Houston Ass’n of Realtors, Inc., 2011 U.S. App. LEXIS 7882 (5th Cir. April 15, 2011):

There *** are a number of issues mentioned in REI's brief in too cursory a fashion for us to consider. Federal Rule of Appellate Procedure 28 requires that an appellant's brief "contain . . . [the] appellant's contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies." Fed. R. App. P. 28(a)(9)(A). Because issues inadequately briefed on appeal are considered waived, we do not address REI's claims related to the Sherman Antitrust Act or the Texas Uniform Fraudulent Transfer Act, nor do we discuss claims for circumvention of copyright systems, fraudulent concealment, fraudulent misrepresentation, and unfair competition.

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