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Dupree v. Younger

Docket No.22-210
Op. Below4th Cir.
ArgumentApr 24, 2023

Holding

A post-trial motion under Federal Rule of Civil Procedure 50 is not required to preserve for appellate review a purely legal issue resolved at summary judgment.

Judgment

Vacated and remanded, 9-0, in an opinion by Amy Coney Barrett on May 25, 2023.

Proceedings & orders timeline

May 13, 2022
Application (21A734) to extend the time to file a petition for a writ of certiorari from July 7, 2022 to September 5, 2022, submitted to The Chief Justice.
May 17, 2022
Application (21A734) granted by The Chief Justice extending the time to file until September 5, 2022.
Sep 6, 2022
Petition for a writ of certiorari filed. (Response due October 11, 2022)
Sep 16, 2022
Waiver of right of respondent Kevin Younger to respond filed.
Sep 21, 2022
DISTRIBUTED for Conference of 10/7/2022.
Sep 22, 2022
Response Requested. (Due October 24, 2022)
Oct 11, 2022
Motion to extend the time to file a response from October 24, 2022 to November 23, 2022, submitted to The Clerk.
Oct 12, 2022
Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2022.
Nov 23, 2022
Brief of respondent Kevin Younger in opposition filed.
Dec 7, 2022
DISTRIBUTED for Conference of 1/6/2023.
Dec 7, 2022
Reply of petitioner Neil Dupree filed. (Distributed)
Jan 9, 2023
DISTRIBUTED for Conference of 1/13/2023.
Jan 13, 2023
Petition GRANTED.
Jan 31, 2023
SET FOR ARGUMENT on Monday, April 24, 2023.
Feb 8, 2023
Record requested from the U.S.C.A.-4th Circuit.
Feb 8, 2023
All records from the USCA-4th Circuit are available on PACER. Record request forwarded to the USDC-District of Maryland.
Feb 23, 2023
Sealed records from the U.S.D.C.-Maryland transmitted electronically. The remaining records are available on PACER.
Feb 27, 2023
Brief of petitioner Neil Dupree filed.
Feb 27, 2023
Joint appendix filed. (Statement of costs filed)
Mar 6, 2023
Brief amici curiae of Law Professors Joan Steinman, Richard Freer, Nancy Marder, Mark Rosen, Michael Solimine, and Adam Zimmerman filed.
Mar 6, 2023
Brief amicus curiae of DRI Center for Law and Public Policy filed.
Mar 24, 2023
CIRCULATED
Mar 29, 2023
Brief of respondent Kevin Younger filed. (Distributed)
Apr 12, 2023
Reply of petitioner Neil Dupree filed. (Distributed)
Apr 24, 2023
Argued. For petitioner: Andrew T. Tutt, Washington, D. C. For respondent: Amy M. Saharia, Washington, D. C.
May 25, 2023
Judgment VACATED and case REMANDED. Barrett, J., delivered the opinion for a unanimous Court.
Jun 26, 2023
Judgment issued.

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