In a case closely watched by the civil attorneys, the U.S. Supreme Court said Thursday that litigants challenging “purely legal” questions decided at summary judgment need not file a motion raising the issue after trial in order to obtain appellate review.

Writing for the unanimous court, Justice Amy Coney Barrett said the U.S. Court of Appeals for Fourth Circuit was on the wrong side of a circuit split when it said a Maryland corrections officer held liable for assaulting an inmate could not make a claim on appeal because he failed to raise his legal argument in a Rule 50 post-trial motion. 

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]