Hardage v. CBS Broadcasting Inc.
433 F.3d 672, 2006 WL 27475
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 1, 2005
DocketNo. 03-35906
StatusPublished
Cited by3 cases
This text of 433 F.3d 672 (Hardage v. CBS Broadcasting Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Hardage v. CBS Broadcasting Inc., 433 F.3d 672, 2006 WL 27475 (9th Cir. 2005).
Opinion
ORDER
The panel opinion filed November 1, 2005, is amended as follows:
Add to end of footnote 1 (p. 14898):
The dissent also analyzes the potential legal effect of EEOC enforcement guidance. This guidance was never cited by Hardage in any of his briefs. “Our circuit has repeatedly admonished that we cannot ‘manufacture arguments for an appellant’ and therefore we will not consider any claims that were not actually argued in appellant’s opening brief.” Indep. Towers v. Washington, 350 F.3d 925, 929 (9th Cir.2003), quoting Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir.1994). For that reason, we will not manufacture an argument on Hardage’s behalf and then rule on it in his favor. This argument was waived. See Greenwood, 28 F.3d at 977.
The petition for panel rehearing is denied. Judge Paez would grant the petition. The petition for rehearing en banc is pending before this court. No further petitions may be filed.
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Related
U.S. Equal Employment Opportunity Commission v. Republic Services, Inc.
640 F. Supp. 2d 1267 (D. Nevada, 2009)
Atwood v. Consolidated Electrical Distributors, Inc.
231 F. App'x 767 (Ninth Circuit, 2007)
Baker v. England
224 F. App'x 620 (Ninth Circuit, 2007)
Cite This Page — Counsel Stack
Bluebook (online)
433 F.3d 672, 2006 WL 27475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardage-v-cbs-broadcasting-inc-ca9-2005.