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Amicus Update: The Center Files Brief with U.S. Supreme Court on Important Appellate Preservation Issue

  • Published March 10, 2023

The DRI Center for Law and Public Policy—the public policy “think tank” and advocacy voice of DRI—has filed an amicus brief in the U.S. Supreme Court 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?

The Center’s brief contends 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 focuses on the minority rule’s pernicious practical implications.

The Center’s brief was authored by Matthew T. Nelson, Charles R. Quigg, and Katherine G. Boothroyd of Warner Norcross + Judd LLP in Grand Rapids, Michigan. Mr. Nelson is the chair of The Center for Law and Public Policy’s Amicus Committee.

Read the Full Brief (PDF)

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