Ortiz v. Jordan (2010)
- Docket
- 09-737
- Decided
- 2010-01-01
Summary
Question: 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? Conclusion: No. The Supreme Court reversed and remanded the lower court order in a unanimous opinion by Justice Ruth Bader Ginsburg, which held that a party may not appeal a denial of summary judgment after a district court has conducted a full trial on the merits. Justice Clarence Thomas filed a special concurrence, joined by Justices Antonin Scalia and Anthony Kennedy.