In what circumstances will a pro se litigant waive appellate review of the district court's treatment of his remaining claims?

MultiRegion, United States of America

The following excerpt is from Blasi v. N.Y.C. Bd. of Educ., 12-3679 (2nd Cir. 2013):

papers filed by pro se litigants," id. at 118 n.1, we have also recognized that the degree of solicitude due to pro se litigants is "lessened" in situations where, as here, the litigant has previous legal experience, see Tracy v. Freshwater, 623 F.3d 90, 102 (2d Cir. 2010).

Here, aside from his due process claim, Blasi - a former attorney with years of litigation experience - asserts only that "there was sufficient evidence to deny [the defendants'] summary judgment motion." He has advanced no specific arguments in support of this assertion, nor has he called our attention to the specific "evidence" upon which his assertion is based. Accordingly, we conclude that he has waived appellate review of the district court's treatment of his remaining claims. Cf. Krist v. Kolombos Rest. Inc., 688 F.3d 89, 98 (2d Cir. 2012) (finding a challenge to the dismissal of a claim to be abandoned where an appellate brief "contain[ed] no authority or argument as to how the court erred in dealing with [a] claim").

Other Questions


Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in state courts? (MultiRegion, United States of America)
When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in the state courts? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
How has the Court considered the appellant's claim that the district court erred by refusing to grant him a new trial? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
When reviewing a sentence imposed by the district court, what is the role of the appellate court? (MultiRegion, United States of America)
When reviewing a district court's confirmation of an arbitral award, does the court need to review a finding of fact for "clear error"? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.