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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Manal Farhan v. 2715 NMA LLC (2025)

Citation
Manal Farhan v. 2715 NMA LLC (2025)
Parent Document
Manal Farhan v. 2715 NMA LLC (2025)
Effective Date
2025-12-04

Other Sections in This Document (43)

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presented below and on appeal. We share the dissent’s con-
cern over any slide towards heightened pleading standards.
We have previously reminded district courts that “[l]ists of
things that plaintiffs need to prove concern evidence (at sum-
mary judgment and trial); they must not be treated as de-
mands for longer and more detailed pleadings.” Thomas, 120
F.4th at 1338. At the same time, district courts are to address
the arguments the parties present. We will not lightly con-
sider arguments a party failed to raise below, much less re-
verse judgments based upon such arguments. Here, we have
a plaintiff who pressed an argument that viewpoint discrimi-
nation against all symbols relating to a conflict was national
origin discrimination, full stop and without pursuing alter-
nate theories of intent or impact. And before us, Farhan again
relied primarily on that theory, which finds no support in our
case law.
  For the foregoing reasons, the district court’s decision is
AFFIRMED.
No. 24-1532                                                    19