Employment Litigation Pretrial Motions to Dismiss, to Limit Discovery, and Motions in Limine

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, October 11, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to employment litigators for pursuing or defending motions to dismiss, motions to limit the scope of discovery, and motions in limine. Our panel of experienced employment litigators will discuss their perspectives and approaches to pretrial motion practice in discrimination and wage/hour claims.

Description

To advocate effectively for employers or employees, employment litigators must be versed in pretrial motion practice and prepared to pursue or defend motions to dismiss, motions to limit the scope of discovery, and motions in limine from the outset of the case.

Motions to dismiss, generally called 12(b)(6) motions, are attractive because they have the potential to dismiss an entire case based solely on the initial pleadings. However, employment litigators must carefully consider whether the likelihood of success on the motion to dismiss outweighs the possibility that the court will allow the opposing party to amend and strengthen its pleading.

Federal Rule 26 mandates the court, either on motion of a party or on its own, to limit the frequency or extent of discovery in certain circumstances, including when the burden or expense of producing the proposed discovery outweighs its likely benefit. Knowing how to successfully leverage motions to limit the scope of discovery is key to reigning in discovery costs.

Motions in limine can set the stage for success in employment litigation by preventing unfavorable evidence from coming before the jury. When approached thoughtfully, motions in limine can also be instrumental in helping counsel develop case themes and define the parameters of a trial. Motions in limine can also serve as an effective tool for preserving issues for appeal.

Listen as our authoritative panel of employment litigators discusses how to strategically leverage or challenge motions to dismiss, motions to limit the scope of discovery, and motions in limine. The panel will explore recurring issues that arise with each type of pretrial motion in employment litigation and offer guidance on effectively drafting and arguing for or against pretrial motions.

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Outline

  1. Motions to dismiss
    1. Evaluating whether to bring motion
    2. Timing considerations
    3. Drafting motion
    4. Arguing motion
    5. Defending motion
  2. Motions to limit the scope of discovery
    1. Rule 26 framework
    2. Evaluating whether to bring motion
    3. Drafting motion
    4. Arguing motion
    5. Defending motion
  3. Motions in limine
    1. Evaluating whether to bring
    2. Timing of motion
    3. Drafting motion
    4. Arguing motion
    5. Defending motions in limine
    6. Preserving issues for appeal after unfavorable ruling on motion in limine

Benefits

The panel will review these and other key issues:

  • What considerations should employment counsel weigh in evaluating whether to file motions to dismiss, motions to limit discovery and/or motions in limine?
  • What are best practices for drafting pretrial motions and arguing for or against them to the court?
  • What types of evidence do employment attorneys generally seek to exclude via motions in limine?
  • What steps should counsel take to preserve an objection for appeal following the denial of a motion in limine?

Faculty

Nowak, Richard
Richard E. Nowak, Esq.

Mayer Brown

Mr. Nowak has extensive trial experience in state and federal courts and also represents clients in arbitrations,...  |  Read More

Pearlman, Steven
Steven J. Pearlman

Partner
Proskauer Rose

Mr. Pearlman is Co-Head of the firm's Whistleblowing and Retaliation Group and focuses on defending complex...  |  Read More

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