Khan v. Shamrock Partners, Ltd.

MEMORANDUM *

1. We find that Khan waived his challenge to the timeliness of Defendants’ argument based on the “gist of the action” doctrine when he argued the issue on the merits in his Opposition to Defendants’ Rule 50 Motions. See Graves v. City of Coeur D’Alene, 339 F.3d 828, 838-39 (9th Cir.2003) (finding that parties waived their challenge to a Rule 50(b) motion where they failed to raise it until the appeal), abrogated in part on other grounds by Hiibel v. Sixth Judicial Dist. Court, 542 U.S. 177, 124 S.Ct. 2451, 159 L.Ed.2d 292 (2004).

a. On the merits, we find that the Pennsylvania…