Ortiz v. Jordan
, No. 09-737, this Courtgranted certiorari and heard oral argument onNovember 1, 2010 on the following question: “May aparty appeal an order denying summary judgmentafter a full trial on the merits if the party chose notto appeal the order before trial?”This case presents the same basic questions as
, outside the qualified-immunity context:1. May a party obtain appellate review aftertrial of the pretrial denial of summary judgment, ormust a party preserve the issues it argued atsummary judgment in the ways required by the rulesapplicable at trial?2. If appellate review after trial of the denial of summary judgment is ever appropriate, is suchreview limited to purely legal questions not tied tothe evidence, or does it also extend to mixedquestions of law and fact that require review of thetrial (or summary judgment) evidence?3. In all events, is summary reversal requiredwhere respondents explicitly disavowed in thedistrict court and on appeal the argument that thedistrict court erred by allowing the jury to interpretthe contract and did not argue in their opening orreply brief on appeal that they sought review of thedenial of summary judgment, and the Ninth Circuitsimply ignored those forfeitures without suggestingany legitimate basis to overlook them?