Employment Litigation: Summary Judgment Motion Strategies
Leveraging Discovery Tools, Statement of Facts, and Timing in Discrimination, Harassment, and Retaliation Claims
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide employment counsel with techniques for pursuing or defending summary judgment motions. Our panel of experienced employment litigators will outline their perspectives and approaches to refine and improve summary judgment motion practice.
- Procedural framework
- FRCP 56
- CCP § 437c
- Substantive framework
- Employment discrimination, harassment and retaliation
- Affirmative defenses
- Review CACI jury instructions for claims and affirmative defenses
- What facts are "material,” and which are immaterial?
- Common MSJ grounds: statute of limitations, failure to exhaust administrative processes, legitimate non-discriminatory reasons for the adverse action, alleged harassment not severe or pervasive, alleged harassment not “because of” gender, etc.
- Triable material facts regarding "pretext"
- Practice techniques
- Prepare for and taking plaintiff’s deposition
- Taking HR and managers' depositions to create triable material facts
- Necessary third party discovery?
- Note California 75-day notice requirement
- California MSJ must be heard more than 30 days before trial
- Form of motion
- Statement of facts
- Legal argument
- Opposition based on need for additional discovery
- Objections to evidence
- Order granting or denying MSJ
- Motion for reconsideration, writ of mandamus and appellate rights
The panel will review these and other relevant issues:
- What are the principal strategies for planning a motion for summary judgment in employment litigation?
- What are the core procedural requirements?
- What are the substantive considerations in planning the motion?
- How does discovery affect the outcome of a motion for summary judgment?
Casey S. Erick
Mr. Erick has always been a trial attorney with a practice focused on litigation. He specializes in business and... | Read More
Mr. Erick has always been a trial attorney with a practice focused on litigation. He specializes in business and employment lawsuits, including breach of contract, trade secret law, tortious interference, wrongful termination, discrimination, and harassment. He represents clients in litigation and transactional matters. Because of his extensive trial experience, Mr. Erick is able to bring insight and engage with clients to address issues outside of the courtroom. Mr. Erick is a frequent presenter on employment law and litigation tactics, among other issues.Close
Tyler M. Paetkau
Procopio Cory Hargreaves & Savitch
Mr. Paetkau has represented employers in labor and employment law matters for more than 25 years. He has handled... | Read More
Mr. Paetkau has represented employers in labor and employment law matters for more than 25 years. He has handled numerous litigation cases and has extensive employment counseling experience. Mr. Paetkau’s areas of practice include defending employers against claims of wrongful termination, discrimination, retaliation, sexual harassment, defamation, wage and hour violations, unpaid commissions, collective and class actions, and unfair labor practice charges. He also represents employers in litigation involving unfair competition, misappropriation of trade secrets, restrictive covenants, and employee mobility issues. Additionally, Mr. Paetkau has extensive experience representing employers in union-management labor relations matters, including union organizing campaigns, strikes, and collective bargaining negotiations.Close