Issue not raised in Initial Brief is waived

In a case about whether the IG Staff could be required to sign confidentiality agreements at the Department of Corrections, the case appears to have been totally blown by counsel on appeal.  Because the trial court found no standing for those who sued, but since that argument was not raised in the initial brief, the court could not reach the merits arguments  even if the trial court had been wrong on standing.

The initial brief never addresses the trial court’s rulings regarding the lack of a justiciable controversy or standing,” . . .  It is well-settled that an issue not raised in an initial brief is deemed abandoned and may not be raised for the first time in a reply brief.

This case highlights once again the importance of both preserving and raising arguments for appeal. Full opinion here Issue Waived First Raised in Reply Brief

Source: Appeals Court sides with state in whistleblower case

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