Today, the U.S. Supreme Court ruled that parties who lost on purely legal issues on summary judgment do not need to renew those legal arguments after trial in order to appeal them. The DRI Center for Law and Public Policy filed an amicus brief in Dupree v. Younger advocating for the ruling that the Supreme Court issued. The contrary rule in place in many circuits created a trap for the unwary that resulted in losing the opportunity to appeal purely legal issues decided at summary judgment. The lawyers who fell into that trap would overwhelming be defense counsel because plaintiffs file motions for summary judgment far less frequently. Overall, this is a great decision for the rule of law and the DRI community.
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.
Read the Amicus Brief (PDF)
Supreme Court Ruling (PDF)