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Stephen Fogdall Presents CLE Seminar – “Filing Motions to Dismiss: Emerging Issues and Strategic Considerations”

On July 31, 2012 by Schnader

On July 31, 2012, Schnader partner Stephen A. Fogdall presented a CLE seminar – “Filing Motions to Dismiss: Emerging Issues and Strategic Considerations” for Lorman Education Services. Mr. Fogdall’s presentation discussed what one can and should try to accomplish at the motion to dismiss stage. Topics covered included:

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