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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)

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As to the emotional distress claim, "[i]n assessing whether an issue is sufficiently argued to avoid waiver, we look at whether the opening brief contains the appellant's contentions as well as citations to authorities and the record." Williams v. Woodford, 306 F.3d 665, 684 n. 5 (9th Cir.2002) (citing Fed. R.App. P. 28(a)(9)(A)). Though Edward's emotional distress argument is "more than the summary mention of an issue in a footnote, without reasoning in support," Hilao v. Estate of Marcos, 103 F.3d 767, 778 n. 4 (9th Cir.1996), her argument, without citation to the standard for evaluating a claim on intentional infliction of emotional distress or an assertion of why the district court erred in evaluating the claim as pled, likely falls short of the waiver standard. See id. However, Marin Park addressed the issue in its reply brief, so we cannot say it would suffer prejudice from our addressing it. See Koerner v. Grigas, 328 F.3d 1039, 1048 (9th Cir.2003). Hence, we exercise our discretion to consider the district court's Rule 12(b)(6) dismissal of the intentional infliction claim.