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