Issues: (1) Whether, notwithstanding the ordinary rule that a
pretrial denial of a motion for summary judgment is not
reviewable on appeal, there is an exception for summary-judgment decisions that turn solely on “legal issues”; and (2) whether an order denying summary judgment
can be reviewed following trial, at the discretion of the
court of appeals, notwithstanding a party’s failure to seek
judgment as a matter of law on those grounds under Federal Rule of Civil Procedure 50.
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