The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument. Near the end of its recent term, the Supreme...more
On May 25, 2023, the United States Supreme Court unanimously held that a post-trial motion under Federal Rule of Civil Procedure (“FRCP”) 50(b) is not required to preserve appellate review of a purely legal issue resolved at...more
In a prior post, we discussed the oral argument in Dupree v. Younger, in which the U.S. Supreme Court questioned the preservation requirement in a minority of circuits that a purely legal issue resolved at summary judgment be...more
With essential unanimity, though with an array of concurrences in one of them, the Supreme Court ruled against government parties in three cases, two of them in favor of homeowners, and in property rights and environmental...more