Commercial Litigation and Arbitration

Appeals — Court of Appeals Will Not Consider Matters Not Specifically and Distinctly Raised and Argued in Opening Brief

Beauregard v. State of Washington, 551 Fed. App’x 349 (9th Cir. 2014):

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam).


Defendants' motion to strike the Beauregards' numerous citations of supplemental authorities under Fed. R. App. P. 28(j), filed on July 1, 2013, is denied. However, we do not consider any arguments raised for the first time in these citations of supplemental authorities. See Pawlyk v. Wood, 248 F.3d 815, 821 n.5 (9th Cir. 2001). The Beauregards' request for reimbursement for opposing defendants' motion is denied.

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