Jasmine Younge, Petitioner v. Fulton Judicial Circuit District Attorney's Office, Georgia

The Supreme Court will review a dispute from the Eleventh Circuit over federal civil procedure rules. It asks whether a defendant that left out an affirmative defense (a legal reason a claim should fail) in its answer (its first formal response) can still use it to seek summary judgment (win without a trial), even if a late amendment would be barred by Rule 16(b)(4).

The Court has granted certiorari (agreed to hear the case), but oral argument has not been scheduled. The basic fight is whether an unpleaded affirmative defense can still support summary judgment when a late amendment would be barred by Rule 16(b)(4).

The answer could affect how strictly federal courts enforce early pleading rules and scheduling deadlines. For example, a plaintiff could lose a case before trial if a defendant may rely on a defense it never listed at the start.

The Court is reviewing whether a defendant can use an affirmative defense omitted from its answer. It also asks if that is allowed when Rule 16(b)(4) would block a late amendment.

Plaintiffs and defendants in federal civil cases could both be affected. A plaintiff could see a case ended early, while a defendant could benefit from a defense left out at the start.

Argument has not been scheduled yet. Watch for an argument date or another order showing how the Court plans to move the case.