However, "[c]ourts have consistently held that inadequate briefing results in a waiver of a party's arguments." TGIP, Inc. v. AT & T Corp., 512 F. Supp. 2d 696, 712 (E.D. Tex. 2007) (collecting cases). Thus, where a plaintiff fails to adequately respond to a motion to dismiss targeting specific claims, the failure amounts to a waiver "regarding the viability" of the claims as pled.
Further, because Plaintiff merely appears to assert the falsity of Magistrate Judge Eifert's "boisterous 18 page rant," Pl.'s Obj. to PF&R, at 3, in passing and without a substantive basis, the Court considers Plaintiff's factual objections waived due to their inadequacy. See TGIP, Inc. v. AT&T Corp., 512 F.Supp.2d 696, 712 (E.D. Tex. 2007) ("Courts have consistently held that inadequate briefing results in a waiver of a party's arguments." (internal quotation marks and citations omitted)).
"Courts have consistently held that inadequate briefing results in a waiver of a party's argument." TGIP, Inc. v. AT&T Corp., 512 F.Supp.2d 696, 712 (E.D. Tex. 2007). This Court agrees with Mutual that Hall's inadequate briefing of the issue of the weight, if any, to be accorded the videotapes (which does not cite specific evidence or authority) amounts to waiver of the issue.
However, "[c]ourts have consistently held that inadequate briefing results in a waiver of a party's arguments." TGIP, Inc. v. AT&T Corp., 512 F.Supp.2d 696, 712 (E.D. Tex. 2007) (collecting cases). The Court concludes that the Coxes' wholly inadequate briefing amounts to a waiver of their arguments regarding the viability of Counts XI through XV, as pled. Accordingly, the motion to dismiss will be granted.
This failure amounts to a waiver of the points argued and justifies summary judgment on Christopher's federal claims. See TGIP, Inc. v. AT&T Corp., 512 F.Supp.2d 696, 712 (E.D. Tex. 2007) ("Courts have consistently held that inadequate briefing results in a waiver of a party's argument."). Regardless, even if the argument was not deemed waived, Christopher's First Amendment claims must fail.
Thus, "[c]ourts have consistently held that inadequate briefing results in a waiver of a party's argument." TGIP, Inc. v. AT&T Corp., 512 F.Supp.2d 696, 712 (E.D. Tex. 2007). For Wong's failure to do more than state the items listed, the Court deems Wong's pretext arguments waived. Even if Wong's arguments were not waived, the Court would find no genuine issue of material fact on the issue of pretext.
In the absence of such argument or authority, the Court declines to recognize a theory of liability which the Fifth Circuit has repeatedly declined to adopt. See generally TGIP, Inc. v. AT&T Corp., 512 F.Supp.2d 696, 712 (E.D. Tex. 2007) ("Courts have consistently held that inadequate briefing results in a waiver of a party's argument.") (collecting cases). Accordingly, Bright's ยง 1983 claims against the District and Chandler must fail.
Thus, "obtaining performance information" does not limit the claim and the term requires no construction. TGIP, Inc. v. AT T Corp., 512 F. Supp. 2d 696, 712 (E.D. Tex. 2007) (Clark, J.) ("The only terms that need to be construed are those 'that are in controversy, and only to the extent necessary to resolve the controversy.'")