Heed These Rules, Or Risk Your Argument On Appeal

By Michael Soyfer (November 17, 2021, 5:33 PM EST) — Courts of appeals in recent cases have emphasized — or, more accurately, reemphasized — the importance of preserving arguments for appeal by complying with the briefing standards of the Federal Rules of Appellate Procedure.

For instance, on Oct. 15, the U.S. Court of Appeals for the Tenth Circuit in Swomley v. Schroyer deemed abandoned conclusory arguments “divorced from legal or factual predicates,” in violation of Federal Rule of Appellate Procedure 28’s briefing requirements.[1]

Even worse, on Sept. 21 in Banister v. U.S. Bank National Association, the U.S. Court of Appeals for the Seventh Circuit explained that it “could dismiss [an] appeal on…