Tag Archives: waiver

Failed Motion for Summary Judgment Preserves Purely Legal Issue for Appeal

To preserve a purely legal question for appeal, a party need not move for judgment as a matter of law pursuant to Rule 50 of the Federal Rules of Civil Procedure, if she has already moved for and lost summary judgment on the issue.   Continue reading

D.C. Circuit Revives Excessive Force Case Against D.C. Cops

Days before five Supreme Court justices vindicated his “mosaic” theory of Fourth Amendment search by GPS in United States v. Jones [PDF], Judge Ginsburg issued another Fourth Amendment opinion that may be just as unpopular with the Metropolitan Police Department. Continue reading