Topic: the non-moving party waives any arguments that were not rai… · Go Syfert
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Topic #2223

7 canonical passages across 7 cases, quoted by 132 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Nichols v. Michigan City Plant Planning Department.

#Case FlagCanonical passage Citers
1 Nichols v. Michigan City Plant Planning Department Anchor
ca7 · 2014
green “the non-moving party waives any arguments that were not raised in its response to the moving party's motion for summary judgment.” 82
2 Gerhard Witte v. Wisconsin Department of Corrections
ca7 · 2006
green “by failing to raise an argument in his brief opposing summary judgment, the plaintiff lost the opportunity to urge it in both the district court and this court.” 11
3 Keck Garrett & Associates, Inc. v. Nextel Communications, Inc.
ca7 · 2008
green “nextel specifically requested summary judgment on the quantum meruit claim. keck garrett, however, did not defend that claim in its reply to nextel's motion for summary judgment. by failing to present its argument to the district court, keck garrett abandoned its claim.” 10
4 Anthony Hill v. Daniel M. Tangherlini
ca7 · 2013
green “by failing to raise an argument in his brief opposing summary judgment, the plaintiff lost the opportunity to urge it in both the district court and this court.” 10
5 Salas v. Wisconsin Department of Corrections
ca7 · 2007
green “a party forfeits any argument it fails to raise in a brief opposing summary judgment.” 9
6 Gates v. Bd. of Educ. of Chi.
ca7 · 2019
green “the district court was not required to address a claim or theory that plaintiff did not assert in opposition to summary judgment.” 7
7 Vicki Barbera v. Pearson Education, Inc.
ca7 · 2018
green “in ortiz, ... we left mcdonnell douglas burden-shifting as a viable option for pursing employment discrimination claims.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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