The Fourth Circuit’s decision today in Belk, Inc. v. Meyer Corp. provides a detailed primer–at one party’s expense, unfortunately–on the requirements of Rule 50(b) and various other issue-preservation matters. Judge Davis’s opinion for the court, which was joined in by Judge Duncan and Judge Keenan, affirms a jury verdict on federal trade dress infringement and North Carolina Unfair and Deceptive Trade Practices Act claims that resulted in an award of $1.26 million. Because so few business disputes actually make it to trial in federal court, and of those that do, so few result in published appellate opinions, the opinion is worth reading is a refresher for anyone interested in presenting issues so that they are properly preserved for appeal.
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Fourth Circuit primer on Rule 50(b) and issue preservation
May 8, 2012 by Kevin C. Walsh