October Term 2010 · Docket 09-737
Can a court of appeals review a summary judgment denial after a full trial?
The parties dispute whether federal appellate courts can review a district court's denial of summary judgment once a jury has decided the case.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Mills argued that the denial of summary judgment is not reviewable on appeal after a trial.
Mr. Mizer argued that the side that brought the case's main legal question relies on a false assumption about the nature of the appeal.
questions_and_answers
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 11, lines 49-9 — Transcript, file page 11, lines 49-9
- Official Supreme Court Transcript — file page 11, lines 7-21 — Transcript, file page 11, lines 7-21
- Official Supreme Court Transcript — file page 12, lines 23-49 — Transcript, file page 12, lines 23-49
- Official Supreme Court Transcript — file page 13, lines 25-29 — Transcript, file page 13, lines 25-29
- Official Supreme Court Transcript — file page 25, lines 51-13 — Transcript, file page 25, lines 51-13
- Official Supreme Court Transcript — file page 3, lines 17-29 — Transcript, file page 3, lines 17-29
- Official Supreme Court Transcript — file page 3, lines 31-39 — Transcript, file page 3, lines 31-39
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 23-45 — Transcript, file page 4, lines 23-45
- Official Supreme Court Transcript — file page 4, lines 7-17 — Transcript, file page 4, lines 7-17
- Official Supreme Court Transcript — file page 5, lines 41-13 — Transcript, file page 5, lines 41-13
- Official Supreme Court Transcript — file page 6, lines 49-33 — Transcript, file page 6, lines 49-33
- Official Supreme Court Transcript — file page 8, lines 7-37 — Transcript, file page 8, lines 7-37
- Official Supreme Court Transcript — file page 9, lines 31-41 — Transcript, file page 9, lines 31-41
- Official Supreme Court Transcript — file page 9, lines 51-15 — Transcript, file page 9, lines 51-15
A citizen's guide to the whole case
What this case is about
This case tests the scope of appellate review. the side that brought the case argues that a trial court's denial of summary judgment becomes unreviewable after a jury verdict. the opposing side contends that the appellate court retains the power to review that denial regardless of the trial outcome.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 51-13 — Transcript, file page 25, lines 51-13
- Official Supreme Court Transcript — file page 3, lines 17-29 — Transcript, file page 3, lines 17-29
How the case got here
The Supreme Court heard oral argument in this case on November 1, 2010.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
What each side wants
the side that brought the case wants the Supreme Court to hold that appellate courts cannot review a summary judgment denial after a jury trial.
the opposing side wants the Supreme Court to hold that appellate courts can review a summary judgment denial even after a jury trial.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 51-13 — Transcript, file page 25, lines 51-13
- Official Supreme Court Transcript — file page 3, lines 17-29 — Transcript, file page 3, lines 17-29
What each side says
the side that brought the case argues that the denial of summary judgment is not reviewable on appeal after a trial has occurred.
the opposing side argues that the appellate court retains the power to review the denial of summary judgment regardless of the trial outcome.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 51-13 — Transcript, file page 25, lines 51-13
- Official Supreme Court Transcript — file page 3, lines 17-29 — Transcript, file page 3, lines 17-29
What the justices asked
Chief Justice Roberts asked whether there is a difference between qualified immunity claims based on evidence and those based on law.
Justice Ginsburg asked how the standard for summary judgment differs from the standard applied after a trial concludes.
Official sources for this section
- Official Supreme Court Transcript — file page 11, lines 49-9 — Transcript, file page 11, lines 49-9
- Official Supreme Court Transcript — file page 11, lines 7-21 — Transcript, file page 11, lines 7-21
- Official Supreme Court Transcript — file page 12, lines 23-49 — Transcript, file page 12, lines 23-49
- Official Supreme Court Transcript — file page 13, lines 25-29 — Transcript, file page 13, lines 25-29
- Official Supreme Court Transcript — file page 3, lines 31-39 — Transcript, file page 3, lines 31-39
- Official Supreme Court Transcript — file page 4, lines 23-45 — Transcript, file page 4, lines 23-45
- Official Supreme Court Transcript — file page 4, lines 7-17 — Transcript, file page 4, lines 7-17
- Official Supreme Court Transcript — file page 5, lines 41-13 — Transcript, file page 5, lines 41-13
- Official Supreme Court Transcript — file page 6, lines 49-33 — Transcript, file page 6, lines 49-33
- Official Supreme Court Transcript — file page 8, lines 7-37 — Transcript, file page 8, lines 7-37
- Official Supreme Court Transcript — file page 9, lines 31-41 — Transcript, file page 9, lines 31-41
- Official Supreme Court Transcript — file page 9, lines 51-15 — Transcript, file page 9, lines 51-15
Why it matters
This dispute determines the finality of trial court decisions. It affects the ability of parties to challenge procedural rulings after a jury verdict. It shapes the scope of appellate review in federal civil cases. It impacts the efficiency of the judicial process. It influences the rights of litigants in civil disputes.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 51-13 — Transcript, file page 25, lines 51-13
- Official Supreme Court Transcript — file page 3, lines 17-29 — Transcript, file page 3, lines 17-29
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 11, lines 49-9 — Transcript, file page 11, lines 49-9
- Official Supreme Court Transcript — file page 11, lines 7-21 — Transcript, file page 11, lines 7-21
- Official Supreme Court Transcript — file page 12, lines 23-49 — Transcript, file page 12, lines 23-49
- Official Supreme Court Transcript — file page 13, lines 25-29 — Transcript, file page 13, lines 25-29
- Official Supreme Court Transcript — file page 3, lines 31-39 — Transcript, file page 3, lines 31-39
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 23-45 — Transcript, file page 4, lines 23-45
- Official Supreme Court Transcript — file page 4, lines 7-17 — Transcript, file page 4, lines 7-17
- Official Supreme Court Transcript — file page 5, lines 41-13 — Transcript, file page 5, lines 41-13
- Official Supreme Court Transcript — file page 6, lines 49-33 — Transcript, file page 6, lines 49-33
- Official Supreme Court Transcript — file page 8, lines 7-37 — Transcript, file page 8, lines 7-37
- Official Supreme Court Transcript — file page 9, lines 31-41 — Transcript, file page 9, lines 31-41
- Official Supreme Court Transcript — file page 9, lines 51-15 — Transcript, file page 9, lines 51-15
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 25, lines 51-13 — Transcript, file page 25, lines 51-13
- Official Supreme Court Transcript — file page 3, lines 17-29 — Transcript, file page 3, lines 17-29
- Official Supreme Court Transcript — file page 25, lines 51-13 — Transcript, file page 25, lines 51-13
- Official Supreme Court Transcript — file page 3, lines 17-29 — Transcript, file page 3, lines 17-29
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.