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Filing Motions to Dismiss: Emerging Issues and Strategic Considerations

 

Learn key strategies to understand when and how to file a motion to dismiss.

Do 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 pre-discovery. 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 poorly-understood 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.

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Filing Motions to Dismiss: Emerging Issues and Strategic Considerations

Agenda

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Filing Motions to Dismiss: Emerging Issues and Strategic Considerations

Faculty

Stephen A. Fogdall

Stephen A. Fogdall

Schnader Harrison Segal & Lewis LLP

  • Partner in the Philadelphia office of Schnader Harrison Segal & Lewis LLP
  • Practice emphasizes all aspects of financial services litigation and class action defense
  • Writer of several publications related to the areas of financial services and product liability
  • J.D. degree, University of Pennsylvania Law School
  • Can be contacted at 215-751-2581 or [email protected]
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Filing Motions to Dismiss: Emerging Issues and Strategic Considerations

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