green
Positive treatment
Quoted verbatim 14×
103.7 score
G Cite
cited 6× by 6 distinct cases, 2018–2022 · 2 courts→ Stable ·
…an argument not made is waived . . . .
at p. 1199
✓
cited 4× by 4 distinct cases, 2018–2021 · 2 courts→ Stable ·
…an argument not made is waived.
at p. 1199
✓
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
StarPro, Greens, Inc. v. Polyloom Corporation of America
an issue raised perfunctorily without citation to authority constitutes waiver of the issue.
discussed
Cited as authority (verbatim quote)
The Bank of New York Mellon v. Peter Ferenc Gedeon
a simple contention that certain law controls does not present an argument based on that law.
discussed
Cited as authority (verbatim quote)
T. Corey Colbert v. Dr. David B. Wilson
an argument not made is waived . . . .
discussed
Cited as authority (verbatim quote)
Trisura Specialty Insurance CompanyY v. Kanpai, Inc.
an argument not made is waived....
discussed
Cited as authority (verbatim quote)
Hernandez v. Palm Beach County Board of County Commissioners
an argument not made is waived . . . .
discussed
Cited as authority (verbatim quote)
Torres v. Wal-Mart Stores East, L.P.
an argument not made is waived . . . .
discussed
Cited as authority (verbatim quote)
Armstead v. Jay Shree Umiya Inc
an argument not made is waived.
discussed
Cited as authority (verbatim quote)
T.J. Jacobs v. U.S. Department of Labor
an argument not made is waived.
discussed
Cited as authority (verbatim quote)
Parker v. Consolidated Pipe & Supply Company Inc
an argument not made is waived. . . .
discussed
Cited as authority (verbatim quote)
Thomas Lenor v. U.S. Attorney General
an argument not made is waived . . . .
discussed
Cited as authority (verbatim quote)
William Todd Overcash v. Mark D. Shelnutt
(2×)
also: Cited as authority (rule)
an argument not made is waived.
discussed
Cited as authority (verbatim quote)
Berna Kellner v. NCL (Bahamas), LTD
an issue raised perfunctorily without citation to authority constitutes waiver of the issue.
discussed
Cited as authority (verbatim quote)
The Coastal Bank v. G. Glen Martin
an argument not made is waived, whether based on federal law, the law of the forum state, or the law of a foreign state.
discussed
Cited as authority (verbatim quote)
Oman Family Trust ex rel. Oman v. Hilsman (In re Hilsman)
an argument not made at trial is waived,..
cited
Cited as authority (rule)
HOKE v. WALKER
Corp., 927 F.2d 1198, 1199 (11th Cir. 1991); see also Mendez v. Jarden Corp., 503 F. App’x 930, 937 (11th Cir. 2013) (holding plaintiff “did not sufficiently preserve her argument based on Fed.
cited
Cited as authority (rule)
Traci Burgen v. Pine Enterprises LLC
Services, Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991).
discussed
Cited as authority (rule)
Hodges v. Chatham County, Georgia
Servs., Inc. v. Rockwell Int'l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991) (noting parenthetically that an “issue raised perfunctorily without citation to authority constitutes waiver of [the] issue”); Whitten v. Soc.
discussed
Cited as authority (rule)
Baker v. Wal-Mart Stores East, LP
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991) (noting that an “issue raised perfunctorily without citation to authority constitutes waiver of [the] issue”); Kelliher v. Veneman, 313 F.3d 1270 , 1274 n.3 (11th Cir. 2002) (holding that mentioning a claim in the summary of the argument section is not enough to raise the issue for appeal and that the claim is deemed abandoned).
cited
Cited as authority (rule)
Marsteller v. Tilton
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991).
discussed
Cited as authority (rule)
Securities Exchange v. Mutual Benefits Corp
Fla. June 27, 2013) (citing Cheshire v. Bank of Am., NA, 351 F. App’x. 386, 388 (11th Cir. 2009) (holding that “a valid local rule has the force of law”) and Cont’l Technical Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991) (holding that “[a]n argument not made is waived”)). “‘Where discretion is conferred upon [a] trustee with respect to the exercise of a power, its exercise is not subject to control by the court, except to prevent an abuse by the trustee of his discretion.’” Sarasota Bank & Tr.
cited
Cited as authority (rule)
Jackson v. Saul (CONSENT)
Serv., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991)).
cited
Cited as authority (rule)
Universal Physician Services, LLC v. Eric Delong
Corp., 927 F.2d 1198, 1199 (11th Cir. 1991); see also Fed.
discussed
Cited as authority (rule)
Adams v. Louisiana-Pacific Corporation
Co. of New York, 791 F. App'x 106 , 112 (11th Cir. 2019) (plaintiff waived argument by not presenting it in its brief before the court, citing Continental Technical Services, Inc. v. Rockwell International Corp., 927 F.2d 1198, 1199 (11th Cir. 1991) (per curiam) (“An argument not made is waived. . . .”)).
discussed
Cited as authority (rule)
Roche v. Rushmore Loan Management Services, LLC
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991) (holding that a party’s “simple contention that California law controls does not present an argument based on California law” because an “issue raised perfunctorily without citation to authority constitutes waiver of [the] issue”). 3 Given Defendants’ bare bones briefing on Count I, the Court will only address the issues fees and costs not yet incurred and demanded payment of such fees for Plaintiffs to pay off their loan.
cited
Cited as authority (rule)
The S.O. Beach Corp. v. Great American Insurance Company of New York
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991) (per curiam) (“An argument not made is waived . . . .”).
cited
Cited as authority (rule)
Cooper v. Jefferson County Coroner and Medical Examiner Office
Serv., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991). 1318, 1330-31 (11th Cir. 1998).
cited
Cited as authority (rule)
Western Surety Company v. Penn J. Steuerwald
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991) (per curiam) (holding unsupported arguments were waived).
cited
Cited as authority (rule)
Cedric LaShawn Warner v. Jeremy Wood
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991) (per curiam) (“An argument not made is waived . . . .”).
cited
Cited as authority (rule)
United States v. Yannier Arias
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991).
cited
Cited as authority (rule)
J.W. v. Birmingham Board of Education
Serv., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991). 10.
discussed
Cited as authority (rule)
Darlene P. Baylor v. Mary Katherine Day-Petrano
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991) (holding that appellant had waived a claim when it made a “simple contention that California law controls” without “presenting] an argument based on California law”); Fed.
discussed
Cited as authority (rule)
David Sapuppo, Theresa Sapuppo v. Allstate Floridian Insurance Company
Inc. v. Salinas, 650 F.3d 1402 , 1413 n. 7 (11th Cir.2011) (holding that the appellant abandoned a claim for tortious interference with a contract by making “nothing more than a passing reference” to it in the initial brief); Singh v. U.S. Att’y Gen., 561 F.3d 1275, 1278 (11th Cir.2009) (explaining that “an appellant’s brief must include an argument containing appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies,” and that “simply stating that an issue exists, without further argument or discus…
discussed
Cited as authority (rule)
United States v. ADT Security Services, Inc.
Corp., 567 F.3d 1291 , 1297 n. 3 (11th Cir.2009) (cursory briefing of argument deemed waived); Rowe v. Schreiber, 139 F.3d 1381 , 1382 n. 1 (11th Cir.1998) (acknowledging issue in briefing without argument deemed abandoned); Cont’l Technical Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991) (“An argument not made is waived”.).
discussed
Cited as authority (rule)
Isle of Dreams, LLC v. City of North Bay Village, Florida
Servs., Inc. v. Rockwell Int'l Corp., 927 F.2d 1198, 1199 (11th Cir.1991) ("That federal courts can take notice of state law does not mean that a party relying upon such law need not cite it to the court or present argument based upon it_”). 2 .
cited
Cited as authority (rule)
In Re: Sundale, LTD., f.k.a. Sundale Associates, Ltd. v. Florida Associates Capital Enterprises, LLC
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991).
discussed
Cited as authority (rule)
George W. McGriff, Eric Emmanuel Wyatt v. Arthur P. Christie
Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991) (holding that a glancing reference without citation to the record or authority does not fairly present an issue to this Court). 5 .
cited
Cited as authority (rule)
Maradiaga v. United States
Corp., 927 F.2d 1198, 1199 (11th Cir. 1991).
discussed
Cited as authority (rule)
Todd v. Holder
See Rowe v. Schreiber, 139 F.3d 1381 , 1382 n. 1 (11th Cir.l998)(arguments not clearly raised in the briefs are considered abandoned); Continental Technical Services, Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991) (“An argument not made is waived.... ”).
discussed
Cited as authority (rule)
Cassandra Renee Nichols v. Volunteers of America, North Alabama, Inc.
(2×)
“An argument not made is waived . . . .” Cont’l Technical Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991).
discussed
Cited as authority (rule)
Floride Norelus v. Denny's Inc.
Group, L.L.C. v. Fayette County, Ga., 451 F.3d 777, 785 (11th Cir. 2006) (“Under the established law of this Circuit, ‘issues that clearly are not designated in the initial brief ordinarily are considered abandoned.’”) (quoting Hartsfield v. Lemacks, 50 F.3d 950 , 953 (11th Cir.1995)); Sun America Corp v. Sun Life Assurance Co. of Can., 77 F.3d 1325, 1333 (11th Cir. 1996) (“As this Court has held repeatedly, ‘[a]n argument not made is waived.’” (quoting Cont’l Technical Servs. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir. 1991)).
discussed
Cited as authority (rule)
Norelus v. Denny's, Inc.
(2×)
Group, L.L.C. v. Fayette County, Ga., 451 F.3d 777, 785 (11th Cir.2006) (“Under the established law of this Circuit, ‘issues that clearly are not designated in the initial brief ordinarily are considered abandoned.’ ”) (quoting Hartsfield v. Lemacks, 50 F.3d 950, 953 (11th Cir.1995)); SunAmerica Corp. v. Sun Life Assurance Co. of Can., 77 F.3d 1325, 1333 (11th Cir.1996) (“As this Court has held repeatedly, ‘[a]n argument not made is waived.’ ”) (quoting Cont’l Technical Servs. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991)).
cited
Cited as authority (rule)
Judy Copeland v. Housing Authority of Hollywood
Corp., 927 F.2d 1198, 1199 (11th Cir.1991).
cited
Cited as authority (rule)
West v. Higgins
Cont’l Technical Servs., Inc. v. Rockwell Int'l Corp., 927 F.2d 1198, 1199 (11th Cir.1991) (holding that “[a]n argument not made is waived”). .
cited
Cited as authority (rule)
West v. Higgins
Cont’l Technical Servs., Inc. v. Rockwell Int'l Corp., 927 F.2d 1198, 1199 (11th Cir.1991) (holding that “[a]n argument not made is waived”). .
discussed
Cited as authority (rule)
Cooper v. Meridian Yachts, Ltd.
Cf. Cont'l Technical Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991) (stating that “having the power to take notice of state law [does not] mean that federal courts must scour the law of a foreign state for possible arguments a claimant — particularly a claimant with counsel — might have made.”).
cited
Cited as authority (rule)
Albert Steward v. International Longshoreman's
Continental Technical Services, Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991).
cited
Cited as authority (rule)
United States v. $1,185,135.00 in United States Currency
Servs., Inc., v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991).
discussed
Cited as authority (rule)
Jeffery Hall v. Great-West Healthcare
Because “[a]n argument not made is waived,” Cont’l Technical Servs. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991), the employees have waived any argument that the evidentiary rulings precluded the summary judgments in favor of Great-West.
cited
Cited as authority (rule)
Catherine Morris Jones v. Michael W. Wynne
Cont’l Technical Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991). 2 .
discussed
Cited as authority (rule)
United States v. Michael John Anthony Hutchinson
Johnson Enters. of Jaclcsonville, Inc. v. FPL Group, Inc., 162 F.3d 1290 , 1308 n. 43 (11th Cir. 1998) (“Claims not presented to the court of appeals are considered waived.”); Cont’l Technical Servs., Inc. v. Rockwell Int’l Corp., 927 F.2d 1198, 1199 (11th Cir.1991) ("An argument not made is waived.”).
Retrieving the full opinion text from the archive…
CONTINENTAL TECHNICAL SERVICES, INC., Plaintiff-Appellant,
v.
ROCKWELL INTERNATIONAL CORPORATION, Defendant-Appellee
v.
ROCKWELL INTERNATIONAL CORPORATION, Defendant-Appellee
90-8541.
Court of Appeals for the Eleventh Circuit.
Apr 2, 1991.
927 F.2d 1198
1991 U.S. App. LEXIS 5120
1991 WL 34609
Alan Ian Begner, Atlanta, Ga., for plaintiff-appellant., James A. Orr, Susan A. Royer, Paul Hastings Janofsky & Walker, Atlanta, Ga., for defendant-appellee.
Clark, Edmondson, Cox.
Cited by 73 opinions | Published
PER CURIAM:
The district court properly applied Georgia law to conclude that the agreement at issue here was, as a matter of law, an unenforceable contract. See Billings Cottonseed, Inc. v. Albany Oil Mill, Inc., 173 Ga.App. 825, 328 S.E.2d 426 (1985).
Appellant suggests here, as it did below, that California (rather than Georgia) law should be applied. But appellant cites no California law and makes no argument based on California law. Although federal courts take judicial notice of the laws of every state in the Union, see Lamar v. Micou, 114 U.S. 218, 223, 5 S.Ct. 857, 859, 29 L.Ed. 94 (1885), this simply means that one relying upon the law of a foreign state need not formally plead or prove it, Prudential Ins. Co. of Am. v. Carlson, 126 F.2d 607 (10th Cir.1942). That federal courts can take notice of state law does not mean that a party relying upon such law need not cite it to the court or present argument based upon it; nor does having the power to take notice of state law mean that federal courts must scour the law of a foreign state for possible arguments a claimant—particularly a claimant with counsel—might have made. And we decline to do so.
An argument not made is waived, whether based on federal law, the law of the forum state, or the law of a foreign state. See Pruitt v. P.P.G. Industry, Inc., 895 F.2d 734 (11th Cir.1990) (appellants waived argument that state rather than federal summary judgment standard should apply by failing to raise argument below, particularly where they failed to show different result would have been obtained). Appellant’s simple contention that California law controls does not present an argument based on California law. See Ordower v. Feldman, 826 F.2d 1569, 1576 (7th Cir.1987) (issue raised perfunctorily without citation to authority constitutes waiver of issue); Fed.R.App.P. 28(a)(4) (“The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on.”). Any such argument appellant may have had, therefore, is waived. *
The district court’s grant of defendant-appellee’s motion for summary judgment is therefore AFFIRMED.
*
Because we conclude appellant waived any argument based on California law it may have had, we do not address the district court’s determination that the choice-of-law provision in the agreement should not be enforced due to a lack of substantial relationship between California and the parties or the transaction or both. See Ryder Truck Lines, Inc. v. Goren Equipment Co., 576 F.Supp. 1348, 1354 (N.D.Ga.1983).