Description
Learn key strategies to understand when and how to file a motion to dismiss when the benefits outweigh the cost.
It is important to think critically about what your client can and should try to accomplish at the motion to dismiss stage. Very few cases genuinely are amenable to a quick dispositive resolution prediscovery. This topic will discuss how to make an honest assessment of whether your case fits into that category. Even when a complete resolution of the case cannot be achieved on a motion to dismiss, such a motion can still help to narrow the case and control discovery. However, depending on the jurisdiction and the arguments raised, the motion can also create bad law of the case if it is denied. This topic will explore this calculus of costs and benefits and the poorlyunderstood interaction of motions to dismiss with class certification under Rule 23. But these allegations, like all other allegations, must satisfy the Twombly standard, and under Twombly such allegations do not suffice. The topic will explore when and how such a motion to strike can be made.
Date: 2019-07-17 Start Time: End Time:
Learning Objectives