In a prior post, we discussed the oral argument in Dupree v. Younger, in which the U.S. Supreme Court questioned the preservation requirement in a minority of circuits that a purely legal issue resolved at summary judgment be...more
On April 24, 2023, the U.S. Supreme Court heard oral argument in Dupree v. Younger, in which it delved into the question of whether a “purely legal” issue that was rejected at the summary judgment stage must be reasserted...more
Should an attorney always seek to have an opponent's late-by-a-few-minutes filing stricken in order to pursue the timing issue? No, according to Judge R. David Proctor, who recently issued a caustic order in Whitworth v....more