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Supreme Court Reaffirms That an Appellee Who Does Not Seek To Enlarge Its Favorable Judgment Need Not File a Cross-Appeal To Attack a Lower Court Ruling

02/03/2015

One of a litigator’s most crucial tasks is ensuring that issues and arguments in support of a client’s position are available if and when the case is presented to an appellate tribunal. While issue preservation is always a concern for appellants, who are subject to the doctrine of waiver, it is also critical to ensure that an appellee is not barred from presenting arguments in defense of the judgment it has won. In that regard, a critical question in every case is whether a victorious party that is unhappy with some of the lower court’s rulings must file a cross-appeal from a favorable judgment in order to attack those rulings.

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