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· 10/30/2007

New York Rehabilitation Care Management, LLC v. National Labor Relations Board

Citations

  • 506 F.3d 1070
  • 378 U.S. App. D.C. 317
  • 182 L.R.R.M. (BNA) 3153
  • 2007 U.S. App. LEXIS 25354

How courts have described this case

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

  • finding that a party had “forfeited any right to challenge” an issue it had not raised in its opening brief before the court
  • explaining that “in order to prevent the ‘sandbagging’ of another party, ‘we have generally held that issues not raised until the reply brief are waived’” (citation omitted)
  • declining to consider an argument that was “included [in] a heading” but not discussed further because “[i]t is not enough merely to mention a possible argument in the most skeletal way, leaving the court to do counsel’s work.”
  • party forfeits argument by failing to brief it or by mentioning it only “in the most skeletal way” (internal quotation omitted)
  • “[W]e have generally held that issues not raised until the reply brief are waived.” (internal quotation marks omitted)
  • “It is not enough merely to mention a possible argument in the most skeletal way, leaving the court to do counsel’s work.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ginsburg, Rogers, Kavanaugh

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.