context: At oral argument, Joseph made additional arguments that were not raised before the district court or in any of his appellate briefs, such as that African Americans were systematically excluded from clinical trial inspections and that the FDA was allegedly testing Fenfluramine on minority young people in order to research their propensity for violence. These arguments are waived, however, as they were not raised in appellant's opening brief and were not argued in the district court.
citation_a.signal: cf.
citation_a.identifier: 999 F.2d 708, 711
citation_a.parenthetical: "Arguments may not be made for the first time in a reply brief'
citation_a.sentence: See Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“It is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below”); cf. Knipe v. Skinner, 999 F.2d 708, 711 (2d Cir.1993) (“Arguments may not be made for the first time in a reply brief’).
citation_b.signal: see
citation_b.identifier: 428 U.S. 106, 120
citation_b.parenthetical: "It is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below"
citation_b.sentence: See Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976) (“It is the general rule, of course, that a federal appellate court does not consider an issue not passed upon below”); cf. Knipe v. Skinner, 999 F.2d 708, 711 (2d Cir.1993) (“Arguments may not be made for the first time in a reply brief’).