Learn key strategies to understand when and how to file a motion to dismiss.
Litigation can be a long and expensive process. A motion to dismiss is a powerful tool that, when used properly, allows a defendant to dispose of some or all of a plaintiff's claims and avoid unnecessary costs of discovery and trial. To determine whether a motion to dismiss may be an appropriate strategy it is crucial to understand the grounds and legal standards that are applicable. This program will provide attorneys with an overview of key issues to consider when deciding whether to file a motion to dismiss under Rule 12 of the Federal Rules of Civil Procedure. You will learn about the legal standards governing a motion to dismiss, the documents that may be considered by a court when deciding a Rule 12 motion, and when a motion to dismiss may be converted to a motion for summary judgment. This program will also address motions for judgment on the pleadings and common mistakes to avoid when filing a motion to dismiss.
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Over 37 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?
- Initial Considerations
- Grounds for Filing a Motion to Dismiss
- Timing for a Motion to Dismiss
- Discovery Typically Not Stayed Pending a Motion to Dismiss
Rule 12(B)(2) - Challenging Personal Jurisdiction After Ford Motor Co. v. Montana Eighth Judicial District
- General Jurisdiction vs. Specific Jurisdiction
- Plaintiff's Claims Must 'Arise out of or Relate to' Defendant's Activities in the Forum
- Does Ford Lower the Bar for Plaintiffs to Establish Specific Jurisdiction?
Rule 12(B)(6) - Attacking the Plaintiff's Allegations Before Discovery
- Standard Under Twombly and Iqbal
- Documents Considered on a Motion to Dismiss
- Converting a Motion to Dismiss to a Motion for Summary Judgment
Alternative to a Motion to Dismiss: Motion for Judgment on the Pleadings
- A Motion for Judgment on the Pleadings Includes the Answer
- Same Standard as a Motion to Dismiss
- Impact on Discovery
Avoiding Common Mistakes When Filing a Motion to Dismiss
- Make Sure to Construe the Pleadings Liberally
- Always Consult the Local Rules of Practice and the Judge's Individual Rules
- Considerations When the Plaintiff Files an Amended Pleading as a Right
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Why Lorman?
Over 37 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 November 18, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NJ CLE 1.3
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- OR CLE 1.0 including practical skills 1
- Approved for 1.0 CLE credits in Oregon, including practical skills for 1.00 hour.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- NALA 1.07
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.07 hour(s).
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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Credit
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Why Lorman?
Over 37 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
Cynthia A. Murray
Schnader Harrison Segal & Lewis LLP
Cynthia A. Murray, Esq.
- Partner, Schnader Harrison Segal & Lewis LLP
- Practice concentrates on complex commercial litigation, primarily in the areas of construction, real estate, and the financial services industry
- Twenty years of experience litigating in federal and state courts in New York
- Member of the American Bar Association, New York State Bar Association, Professional Women in Construction – New York Chapter
- J.D. degree, St. John’s University School of Law; B.A. degree, The University of North Carolina at Chapel Hill
- Can be contacted at [email protected], 212-973-8000, or Schnader Harrison Segal & Lewis LLP, 140 Broadway, Suite 3100, New York, NY 10005
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Why Lorman?
Over 37 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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