"In response, the appellees
argue that the district court got it just right: it properly dismissed Gilbert's First Amendment claim because all of Gilbert's speech was compelled as part of his employment and thus was made within the scope of his official duties rather than as a citizen.
1st DCA 2013), the First District Court of Appeal, in refusing to apply the tipsy coachman rule, addressed the foundational requirement of a "basis in the record." It acknowledged that the appellee
need not have raised the alternative argument below.
In fact, in May 2018, the Minnesota Supreme Court took that very stance, deeming waived an argument that was referenced in briefing and at oral argument, but for which the appellee
failed to "provide any analysis or cite to legal authority to support th[e] claim." See Christie v.
the location of the abortion." (5) Appellees
"filed suit on
contend that Mercurio's assets are 'blocked assets' under the Terrorism Act because the Kingpin Act is historically connected and similar to one of the statutes expressly listed in [section] 201(d)(2) (A): the Economic Powers Act.
Although counsel for appellees
may have pointed out an issue of fact, they failed to prove a case for summary judgment!
's first response to an appeal should be to double-check whether jurisdiction exists.
At the beginning of the hearing on the motion to dismiss, counsel for the appellees
notified the court that Downing had voluntarily dismissed her complaint against another hospital and physician.
Disagreeing, Judge Julio Fuentes wrote, "Appellees
Although Tyson wanted the case heard in arbitration rather than in open court, the Supreme Court said "an arbitration agreement in contracts they executed with appellees
, who are hog farmers, lacks mutuality of obligation and, thus, is unenforceable."
, however, cannot be punished under Rule 38 or section 1912, no matter how frivolous their position on appeal, a regrettable anomaly in the federal rules.
Bradlees of New England, Inc., Union Underwear Company, Inc., Paradise Screen Printing Co., Sharky's Sportswear Co., Defendants, Appellees