September 30, 2013 Articles

UPDATE: Rule 50 and Purely Legal Arguments: A Circuit Split

The Eighth Circuit clarifies its position.

By Kelli Benham Bills

Due to conflicting panel opinions, the Eighth Circuit was originally identified as a circuit with an unclear position on whether purely legal arguments denied at summary judgment must be re-raised in a Rule 50 motion for preservation purposes. However, the Eighth Circuit has recently issued a decision indicating that it now falls squarely within the minority camp. See Lopez v. Tyson Foods, Inc., 690 F.3d 869, 875 (8th Cir. 2012).

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