National Labor Relations Board v. FedEx Freight, Inc.

We have routinely held that a single passing reference to an issue in a footnote, without squarely arguing it, is insufficient to preserve that issue for our review on appeal. See, e.g., Prometheus Radio Project v. FCC, 824 F.3d 33, 53 (3d Cir.2016); John Wyeth & Bro. Ltd. v. CIGNA Int’l Corp., 119 F.3d 1070, 1076 n.6 (3d Cir. 1997) (Alito, J.). Our sister circuits also decline to consider issues raised in such perfunctory fashion.1 There is good reason for this unanimous position. Brief, casual references to arguments do not put the opposing party on adequate notice of the issue, nor do they…