513 U.S. 946, 115 S.Ct. 356, 130 L.Ed.2d 311 (1994) (“An issue is waived unless a party raises it in its opening brief, and for those purposes ‘a passing reference to an issue ... will not suffice to bring that issue before this court.’ ”) (quoting Simmons v. City of Philadelphia, 947 F.2d 1042, 1066 (3d Cir.1991), cert. denied, 503 U.S. 985, 112 S.Ct. 1671, 118, L.Ed.2d 391 (1992)); United States v. Dunkel, 927 F.2d 955, 956 (7th , Cir.1991) (“A skeletal ‘argument’, really nothing more than an assertion, does not preserve a claim.... Especially not when the brief presents a passel of other arguments .... Judges are not like pigs, hunting for truffles buried in briefs.”). Further, arguments raised in footnotes are not preserved. See Cross Med. Prods., Inc., 424 F.3d at 1320-21 n. 3 (<HOLDING>); Fuji Photo Film Co. v. Jazz Photo Corp., 394
holding that issues not raised in a partys opening brief are waived holding that arguments not raised in the opening brief are waived holding that an argument raised only in fact section of opening brief and in reply brief is not properly raised holding argument not raised in opening brief but raised for the first time in reply brief was waived holding that an argument raised in a footnote in an opening brief was waived as not properly raised