April 26, 2010
SCOTUS Cert. Grant on Post-Trial Appeals of Summary Judgment Denials (Ortiz v. Jordan)
The Supreme Court granted certiorari today in Ortiz v. Jordan (No. 09-737), which presents the following question: "May a party appeal an order denying summary judgment after a full trial on the merits if the party chose not to appeal the order before trial?"
(It appears that the defendants' summary judgment motion was based on qualified immunity, which means they could have sought an appeal prior to trial via the collateral order doctrine.)