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 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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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
The Strategic Question: Should You File a Motion to Dismiss?
- Is There a Simple Home Run Argument That Will Eliminate the Entire Case?
- Will Narrowing the Case Help to Control Discovery?
- Will Denial of the Motion Create Bad Law of the Case?
- What Will You Waive If You Do Not File the Motion?
Attacking the Plaintiff's Allegations Before Discovery
- Twombly and Iqbal
- Avoiding Conversion to a Summary Judgment Motion
- Documents Attached to the Complaint
- Documents Integral to the Complaint
- Judicial Notice
The Underappreciated Alternative: Motions for Judgment on the Pleadings
- The Key Benefit of the MJOP: the Pleadings Include the Answer
- Will Answering and Filing an MJOP Mire You in Discovery?
The Motion to Dismiss in the Class Certification Context
- Does Twombly Apply to Class Allegations?
- Motions to Strike Class Allegations
Credit
More Program Information
Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on July 17, 2019.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- OR CLE 1.5
- Approved for 1.5 CLE credits in Oregon.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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More Program Information
Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Stephen A. Fogdall
Schnader Harrison Segal & Lewis LLP
- Partner in the Philadelphia office of Schnader Harrison Segal & Lewis LLP
- Co-chair of Schnader’s Financial Services Litigation Practice Group
- Practice emphasizes all aspects of financial services litigation
- Frequent speaker on financial services litigation and compliance issues
- Author of several publications related to financial services
- J.D. degree, University of Pennsylvania Law School
- Can be contacted at 215-751-2581 or [email protected]
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Why Lorman?
Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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