Careers

Experiences

Industries

Offices

Our Firm

Pages

Our People

Updates

Practices

Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

Warner filed a U.S. Supreme Court amicus brief on behalf of the DRI Center for Law and Public Policy&mdash;the public policy &ldquo;think tank&rdquo; and advocacy voice of DRI&mdash;supporting the petitioner in Dupree v. Younger, No. 22-210.
The case presents an appellate-preservation question of particular importance to civil defense lawyers: when a party raises purely legal issues in a motion for summary judgment that is denied, must the party reassert the same arguments in mid- and post-trial motions for judgment as a matter of law under Federal Rule of Civil Procedure 50 to preserve them for appellate review?
A majority of circuits have held that the answer is no, reasoning that Rule 50 motions exist to focus on the sufficiency of the evidence at trial, not legal issues unaffected by the trial evidence. Four circuits, however, have reached the opposite conclusion. In those circuits, a party must reassert a purely legal summary-judgment argument in Rule 50 motions to preserve it for appellate review.&nbsp;
The amicus brief contended that the Supreme Court should adopt the majority rule and hold that a party need not renew in motions for judgment as a matter of law purely legal arguments capable of resolution with reference only to undisputed or no facts. It focused on the minority rule&rsquo;s pernicious practical implications.

core/freeform

Associate

Katherine G. Boothroyd

Partner

Matthew T. “Matt” Nelson

Charles R. “Charlie” Quigg

Appellate and Supreme Court Practice

Litigation and Dispute Resolution

U.S. Supreme Court Amicus Brief on Appellate Preservation of Purely Legal Summary-Judgment Arguments

Warner Norcross + Judd LLP is responsible for the contents of our advertising and this website. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website. If you have any questions or comments about our website or our Privacy Policy please contact us at <a href="mailto:info@wnj.com">info@wnj.com</a> or 616.752.2000. 

U.S. Supreme Court Amicus Brief on Appellate Preservation of Purely Legal Summary-Judgment Arguments

professionals