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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. This topic will explore 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.


Runtime: 91 minutes
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Why Lorman?

Over 32 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?

Is the Motion to Dismiss Now Really Just a Disguised Summary Judgment Motion?

  • Twombly and Iqbal
  • The Limits of 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
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Why Lorman?

Over 32 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 Webinar

This course was last revised on April 10, 2017.

Call 1-866-352-9540 for further credit information.

  • ID CLE 1.5
     
  • This program has been approved by the Idaho State Bar for 1.5 CLE hours.
     

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.

Audio & Reference Manual

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 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

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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Why Lorman?

Over 32 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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Product ID: 400627
Published 2017, 2019
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