Thursday, May 25, 2023

Fed App Proc - No need to repeat

Today SCOTUS rules that "litigants can appeal purely legal issues they lost at the summary judgment stage without going through the technicality of raising them again after trial" per Law 360's 

BREAKING: Justices Open Door To Appeals Of 'Purely Legal' Issues

In a unanimous decision [Dupree v. Younger] written by Justice Amy Coney Barrett, the court overturned precedent from a minority of circuits that required litigants to raise legal issues in a motion for judgment as a matter of law after trial, through Federal Rule of Civil Procedure 50. When a "purely legal" issue is resolved at the summary judgment stage, it is preserved for appellate review without a Rule 50 motion, the court said.

See's ‘Empty Exercise’: Justices Back Appellate Review of Legal Issues Not Relitigated Post Trial -- Just going through the (Post-Trial) motions would be a waste of time, the Supreme Court says.

In other FedApp news, see Appeals Court Gives Clarity on Voluntary Dismissals, but Inconsistency Among Judges Remains -- Eleventh Circuit clarifies that plaintiffs can voluntarily dismiss entire lawsuits under Rule 41, but not individual claims.