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SCOTUS Clarifies Appeal Issue Preservation

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Lommen Abdo @lommenabdo · May 28, 2024

The U.S. Supreme Court's decision in Dupree v. Younger clarifies the requirements for preserving legal issues for appeal. The Court ruled that purely legal issues raised in a summary judgment motion do not need to be renewed post-trial to be preserved for appeal. This decision impacts the Eighth Circuit's prior requirement that all issues must be renewed post-trial. The ruling simplifies appellate practice by eliminating the need to reiterate purely legal arguments, thus ensuring clarity in procedural requirements for litigants.