McNally v. Los Angeles Department of Water and Power, et al.
June 26, 2026·2:23-cv-08094-MEMF-PD·Unpublished·By Raj Patel
The Ninth Circuit affirmed a district court order dismissing a pro se appeal regarding workers' compensation benefits. The panel concluded the case was suitable for decision without oral argument.
Michelle McNally appealed pro se from a district court order dismissing her action to enforce a state decision regarding workers’ compensation benefits.
The court’s reasoning
The panel did not consider the district court’s ground for dismissal because McNally did not challenge that specific decision in her opening brief. Under Ninth Circuit precedent, issues not supported by argument in a pro se appellant’s opening brief are deemed abandoned.
What it means going forward
The dismissal of the action to enforce the state workers’ compensation decision stands.
