# Wendell P. Tyler v. Marvin T. Runyon, Jr., Postmaster General, United States Postal Service

> Court of Appeals for the Seventh Circuit · November 14, 1995 · 70 F.3d 458

URL: https://www.frixlaw.com/law-library/cases/9488693

## Case

- **Full name:** Wendell P. TYLER, Plaintiff-Appellant, v. Marvin T. RUNYON, Jr., Postmaster General, United States Postal Service, Defendant-Appellee
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** November 14, 1995
- **Citations:** 70 F.3d 458; 33 Fed. R. Serv. 3d 648; 5 Am. Disabilities Cas. (BNA) 31; 1995 U.S. App. LEXIS 32036; 1995 WL 677815
- **Precedential status:** Published
- **Opinion:** Concurrence by Cudahy
- **Judges:** Cudahy, Coffey, Walter
- **Cited by:** 158 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9488693

## How later opinions describe it (automated extraction)

- stating that "[b]ecause the ‘remedies, procedures and rights available under the Rehabilitation Act are the same that are afforded under Title VII,’ a plaintiff suing under the Rehabilitation Act may ‘rely on ... the burden-shifting method borrowed from Title VII cases and ori…
- recognizing that courts need not and indeed should not expend limited judicial resources in researching, refining, and otherwise fleshing out arguments that the parties themselves do not adequately support
- explaining that a court “is not equipped to act as auxiliary lawyer for a party,” particularly a represented party
- applying Federal Rule of Appellate Procedure 28 and stating that "[the] court has no duty to research and construct legal arguments available to a party."

## Opinion text

CUDAHY, Circuit Judge,
concurring.
Athough I certainly agree that Mr. Tyler’s rather elliptical equitable tolling argument is a clear loser, it is not so deficient as to waive the point. If the miscitation of a case or two were a waiver, our work would be greatly simplified, but this, unfortunately, stretches the Rules beyond their intended purpose.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9488693. Public record. Not legal advice.