Ordinarily, a party cannot appeal a denial of summary judgment after trial has taken place, unless the arguments were renewed in a motion for judgment as a matter of law under Federal Rule of Civil Procedure 50. A growing majority of appellate courts, however, has carved out an exception to this general rule — allowing appeals of summary judgment denials based on “purely legal” arguments even if they were not raised again at trial in Rule 50 motions. Other courts, however, continue to adhere strictly to the rule, declining to review after trial any summary judgment denials, whether the decision was fact-based or a question of law. The U.S. Supreme Court has dodged the issue, leaving the circuit split in place.
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