California, United States of America
The following excerpt is from Powe-Brown v. Kaiser Found. Hosps., A143681 (Cal. App. 2016):
4. While plaintiff attempts to contest the trial court's evidentiary rulings in her reply brief, she forfeited any challenge by failing to raise it in her opening brief. " ' "Obvious considerations of fairness in argument demand that the appellant present all of his points in the opening brief. To withhold a point until the closing brief would deprive the respondent of his opportunity to answer it or require the effort and delay of an additional brief by permission. Hence the rule is that points raised in the reply brief for the first time will not be considered, unless good reason is shown for failure to present them before. . . ." ' " (Doe v. California Dept. of Justice (2009) 173 Cal.App.4th 1095, 1115.) Plaintiff has not offered any justification for her failure to address this point in her opening brief.
5. We address plaintiff's claim of disability discrimination below.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.