Background
Plaintiffs Edward Hoid and Maxwell Hemric, members of the Church of Jesus Christ of Latter-Day Saints, sued various law firms, Google, and ABC News. They alleged that these defendants aired allegations of sexual abuse within the Church, causing harm through religious persecution. The district court dismissed the action without prejudice for lack of standing and violation of pleading requirements.
The court’s reasoning
The appellate court noted that the appellants did not challenge the district court’s reasoning regarding standing or pleading requirements. Instead, they asserted only that the district court acted with hate and prejudice. The court cited Clark v. Colbert, stating that it will not question the reasoning of a district court unless an appellant actually argues against it. Consequently, the appellants waived appellate review of the dismissal.
By failing to address the district court’s reasoning, Mr. Hoid and Mr. Hemric have waived appellate review of the dismissal.
25-1431, Page 2
What it means going forward
The dismissal of the civil rights action stands, leaving the plaintiffs without a judicial resolution on the merits of their religious persecution claims due to procedural waiver.
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