Preserving issues for appeal in federal court

Law360 has Up Next At High Court: How To Preserve Issues For Appeal

In its final week of arguments this term, the U.S. Supreme Court will tackle an appellate procedural issue that it has passed over nearly a dozen times before. In Dupree v. Younger, a case considered a must-watch for trial lawyers but unlikely to make waves with the public, the court will decide whether legal issues rejected at the summary judgment stage must be reasserted after trial through Federal Rule of Civil Procedure 50 for that issue to be considered preserved for appeal. The question has divided circuits for more than a decade: a majority block of circuits allows appeals of legal issues already rejected at the summary judgment stage, but a minority, including the Fourth Circuit, does not.

Bloomberg Law's article is Supreme Court Wrestles With Rules to Preserve Appellate Review

Law.com has Attorneys Seek High-Court Clarity on Rules for Preserving Appellate Review -- Justices consider appealability of issues rejected at summary judgment but not reasserted in post-trial motion.

Law360 has Justices Appear To Back Appeals For 'Purely Legal' Issues

U.S. Supreme Court justices appear poised to reverse a minority of circuits that require legal arguments raised at the summary judgment stage to be reasserted after trial to be preserved for appeal, after oral arguments Monday that delved into nuances of trial practice.