Filing Motions to Dismiss (OnDemand Webinar)

$149.00

SKU: 410252EAU

Description

Learn key strategies to understand when and how to file a motion to dismiss.Litigation can be a long and expensive process. A motion to dismiss is a powerful tool that, when used properly, allows a defendant to dispose of some or all of a plaintiff’s claims and avoid unnecessary costs of discovery and trial. To determine whether a motion to dismiss may be an appropriate strategy it is crucial to understand the grounds and legal standards that are applicable. This program will provide attorneys with an overview of key issues to consider when deciding whether to file a motion to dismiss under Rule 12 of the Federal Rules of Civil Procedure. You will learn about the legal standards governing a motion to dismiss, the documents that may be considered by a court when deciding a Rule 12 motion, and when a motion to dismiss may be converted to a motion for summary judgment. This program will also address motions for judgment on the pleadings and common mistakes to avoid when filing a motion to dismiss.

Date: 2022-11-18 Start Time: End Time:

Learning Objectives

The Strategic Question: Should You File a Motion to Dismiss?
• Initial Considerations
• Grounds for Filing a Motion to Dismiss
• Timing for a Motion to Dismiss
• Discovery Typically Not Stayed Pending a Motion to Dismiss

Rule 12(B)(2) – Challenging Personal Jurisdiction After Ford Motor Co. v. Montana Eighth Judicial District
• General Jurisdiction vs. Specific Jurisdiction
• Plaintiff’s Claims Must ‘Arise out of or Relate to’ Defendant’s Activities in the Forum
• Does Ford Lower the Bar for Plaintiffs to Establish Specific Jurisdiction?

Rule 12(B)(6) – Attacking the Plaintiff’s Allegations Before Discovery
• Standard Under Twombly and Iqbal
• Documents Considered on a Motion to Dismiss
• Converting a Motion to Dismiss to a Motion for Summary Judgment

Alternative to a Motion to Dismiss: Motion for Judgment on the Pleadings
• A Motion for Judgment on the Pleadings Includes the Answer
• Same Standard as a Motion to Dismiss
• Impact on Discovery

Avoiding Common Mistakes When Filing a Motion to Dismiss
• Make Sure to Construe the Pleadings Liberally
• Always Consult the Local Rules of Practice and the Judge’s Individual Rules
• Considerations When the Plaintiff Files an Amended Pleading as a Right

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,NALA ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Cynthia A. Murray-Schnader Harrison Segal & Lewis LLP