SCOTUS Blog·1 hour ago·Thursday, November 5, 2026, 6:40 PM

Justices grapple with how to apply pretrial procedure rules in improper firing dispute

How rigidly to apply the Federal Rules of Civil Procedure surfaced this week in Younge v. Fulton Judicial Circuit District Attorney’s Office, Georgia, argued on Nov. 2, in which the Supreme Court addressed whether a defendant’s failure to amend its pleading and present an affirmative defense prevents that party from moving for summary judgment on the basis of that defense.

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