Southwest Pet Products, Inc. v. Koch Industries, Inc.
Opinion
Lead Opinion
MEMORANDUM ***
Southwest Pet Products, Inc. (“Southwest Pet”) and Earth Elements, Inc. *215 (“Earth Elements”) appeal the district court’s dismissal of their tort claims against defendants as well as the district court’s refusal to apply Arizona’s “reasonable expectations” rule to Southwest Pet’s contract claims. Koch Industries, Inc., Koch Agriculture, Inc., and Koch Agri Services (collectively “Koch”) cross-appeal the district court’s award of attorneys’ fees to Southwest Pet on Southwest Pet’s contract claims. We reverse in part, affirm in part, and remand. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
I
Because it did not “specifically and distinctly” argue in its opening brief for reversal of the district coxxrt’s rulings on its indemnity claims and all tort claims other than its strict product liability claim, Southwest Pet has abandoned those claims. Int’l Union of Bricklayers & Allied Craftsman Local Union No. 20 v. Martin Jaska, Inc., 752 F.2d 1401, 1404 (9th Cir.1985). 1 Thus, only the contract claims and strict product liability claim are before us on appeal.