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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)

Citation
Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)
Parent Document
Edwards v. Marin Park, Inc., 356 F.3d 1058 (2004)
Effective Date
2004-01-26

Other Sections in This Document (51)

Full Text

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At oral argument, the parties addressed Edwards's state-law emotional distress and nuisance claims on the merits. "[W]e ordinarily will not consider matters on appeal that are not specifically and distinctly argued in an appellant's opening brief." Paladin Assocs., Inc. v. Montana Power Co., 328 F.3d 1145, 1164 (9th Cir.2003) (citing Kim v. Kang, 154 F.3d 996, 1000 (9th Cir.1998)). Edwards's brief contains no discussion at all of her nuisance claim, and the defendants did not address it in their brief, so we decline to reconsider the viability of that claim on appeal.