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· 11/16/2010

Cortés-Rivera v. Department of Corrections & Rehabilitation

Citations

  • 626 F.3d 21
  • 23 Am. Disabilities Cas. (BNA) 1473
  • 2010 U.S. App. LEXIS 23529
  • 2010 WL 4608750

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an argument raised in a perfunctory manner is deemed waived
  • indicating that a party objecting to a magistrate judge’s recommendation must adequately brief the issue to the district court or risk waiver
  • examining “plain language” of complaint and its structure to determine if it raised a claim
  • affirming the dismissal of a claim that the plaintiff pleaded in the complaint in state law terms and then attempted to reframe in federal law terms in the face of a motion for summary judgment
  • remanding “to afford the agency the opportunity either to articulate a reasoned explanation for its action or to adopt a different action with a reasoned explanation that supports it”
  • “‘An injunction is a matter of equitable discretion’ and is ‘an 22 extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled 23 to such relief.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Howard, Lynch, Thompson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.