What are the implications of the Court of Appeal's review of arguments and allegations made for the first time on appeal?

MultiRegion, United States of America

The following excerpt is from Ervin v. Cnty. of San Diego, 19-56167 (9th Cir. 2021):

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations made for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

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