SILVER v. WOLFSON LLC (2021)

ORDER OF AFFIRMANCE

In the proceedings below, Silver filed a complaint against respondents alleging civil rights violations based on due process violations and unreasonable seizures, fraud, and mail fraud. Respondents each moved to dismiss the complaint, arguing that Silver's complaint was barred by preclusion principles, as he had previously filed a similar complaint which was dismissed with prejudice, and because the complaint failed to state a claim upon which relief could be granted. The district court granted the motions to dismiss and this appeal followed.

On appeal, Silver challenges the district court's dismissal orders and argues only that he has shown the case is properly before the court and the violations of his rights and fraud by all of the defendants. But the district court dismissed Silver's complaint on preclusion grounds and for failing to state a claim. Because Silver failed to raise any arguments addressing the grounds relied on by the district court in dismissing his complaint, he has waived any such challenge. See Powell v. Liberty Mut. Fire Ins. Co., 127 Nev. 156, 161 n.3, 252 P.3d 668, 672 n.3 (2011) (“Issues not raised in an appellant's opening brief are deemed waived.”). And to the extent Silver's statements and numerous citations to various authority in his opening brief could be construed as raising arguments challenging the district court's order, he has failed to offer any cogent argument to support his summary assertions. See Edwards v. Emperor's Garden Rest., 122 Nev. 317, 330 n.38, 130 P.3d 1280, 1288 n.38 (2006) (explaining that this court need not consider claims that are not cogently argued). As a result, we necessarily affirm the district court's order dismissing Silver's complaint.

Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.