Late last month, the U.S. Supreme Court heard oral argument in Dupree v. Younger, No. 22-210. The case presents a seemingly arcane issue of federal civil procedure: whether a Rule 50 motion after trial is required to preserve for appeal a purely legal claim that was previously rejected at summary judgment. The question, however, is more interesting and consequential for civil litigators and their clients than it may seem at first blush. That's especially so for practitioners in the Second Circuit, where the law—once considered reasonably settled—has been in doubt since 2021's decision in Omega v. 375 Canal.

The facts of Dupree are cruel and tragic. Kevin Younger, a pretrial detainee in a Maryland state prison, was brutally assaulted by a trio of prison guards in September 2013, who then ordered Younger to report he had fallen off his bed. The attack left Younger with permanent injuries; the three guards were later convicted for their roles. Younger eventually filed a federal civil rights lawsuit against the guards and Neil Dupree, a corrections officer alleged to have directed the guards' attack. Younger prevailed at trial, and a jury awarded him $700,000 in damages.