November 2, 2010
SCOTUS Oral Argument in Ortiz v. Jordan
We covered earlier the Supreme Court's grant of certiorari in Ortiz v. Jordan, which presents the issue:
"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?"
(Because 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.)