The seminar will provide:
- a practical overview of the critical pre-trial process
- teaching by experts from the practice firing lines, bench and academia
- focus on ethical issues in the context of practical motions filed in every case
- powerful techniques to utilize at mediation
- pre-trial strategies to strengthen your case
- The attendee will be able to discuss discovery abuse.
- The attendee will be able to identify technical aspects of motions in limine.
- The attendee will be able to review post-suit tactics and investigations.
9:00 a.m. - 9:45 a.m.
I. Motion To Dismiss
A. State Court
1. Overview Of 12(b) Motions
2. 12(b) Motions vs. Motions For Summary Judgment
3. Waiver Of 12(b) Defenses
4. Default Judgment And Waiver Implications
5. 12(b)(6) Failure To State A Claim
a. Two-Pronged Attack/ High Standard
b. Negligence Actions – Especially Difficult To Dismiss
c. Multiple Counts Or Alternative Theories Of Liability
6. Motion For More Definite Statement vs. Motion To Dismiss
7. Issue Of Improper Damages
8. Res Judicata
B. Federal Court
1. Overview Of FRCP 12(b)
2. Rule 12(b)(6) Failure To State A Claim – General Applicability
9:45 a.m. - 10:45 a.m.
II. Essentials Of Summary
A. The Real Standard For Testing Summary Judgment Motions
B. Burden Shifting In Assessing Summary Judgment Motions
C. Summary Judgment Evidence Rules
D. Summary Judgment Ethics: From Rule 11 To Rule 56(g)
E. Timing The Rule 56 Motion
10:45 a.m. - 11:00 a.m.
11:00 a.m. - 12:00 p.m.
III. Summary Judgment: A View
From The Bench
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
IV. Motions In Limine
A. Technical Aspects
B. Strategic Considerations
C. Case Examples
2:00 p.m. - 3:00 p.m.
V. Current Hot Issues In Discovery
A. Discovery Abuse: Tips On How To Prevent It, How To Recognize It, What To Do About It…And How To Use It To Your Advantage
B. The 'Poop' On Expert Discovery
C. Sanctions And Ultimate Sanctions
1. The State Of The Law
2. Getting Courts To Listen
3. Helping Courts To Understand
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:15 p.m.
VI. Pretrial Case Study
A. Pre-Suit Investigation
B. Post-Suit Tactics And Investigation
C. Mediation? – Pushing Toward Trial
4:15 p.m. – 4:30 p.m.
VII. Questions And Answers