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Preserving Error

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Dupree v. Younger, No. 22-210, 2023 U.S. LEXIS 2203 (May 25, 2023)

A post-trial motion under Rule 50 is not required to preserve for appellate review a purely legal issue resolved at summary judgment.  By contrast, a post-trial motion is required if the summary judgment motion was denied on sufficiency of the evidence grounds since the evidentiary record may be (and usually is) different at trial. Read More