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 course 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.
Outline
- 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
- Discovery
- Prepare for and taking plaintiff's deposition
- Taking HR and managers' depositions to create triable material facts
- Necessary third party discovery?
- Timing
- 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
- Discovery
Benefits
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 impact the outcome of a motion for summary judgment?
Faculty
Casey S. Erick
Partner
Cowles & Thompson
Mr. Erick is a Shareholder and focuses on Commercial Litigation and Employment Law. He has represented clients in... | Read More
Mr. Erick is a Shareholder and focuses on Commercial Litigation and Employment Law. He has represented clients in both litigation and transactional matters that span across commercial law, labor and employment, real estate, consumer protection, and general litigation including, but not limited to breach of contract, corporate trade secret theft, tortious interference, defamation, personal injury, fraud, and various other kinds of civil litigation. He has represented high-profile clients as well as defended against high-profile national and global entities in matters related to commercial litigation, defamation, privacy, negligence, the Stored Communications Act, the Texas Harmful Access by Computer Act, Texas identity Theft Enforcement and Protection Act, and the Computer Fraud and Abuse Act.
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Tyler M. Paetkau
Partner
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.
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