Personal Injury Litigation and Dismissing Fewer Than All Defendants: Managing the Gauntlet of Competing Rules
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel for plaintiffs and defendants through the procedural and evidentiary questions that must be addressed when considering and negotiating a dismissal of fewer than all defendants from a personal injury lawsuit. The program will discuss how plaintiffs can avoid case-ending mistakes, how defendants can ensure they are fully and finally released from liability, and how all parties can avoid unpleasant twists and "gotchas" from overlooking one or more of the essential considerations.
- When and why plaintiffs might seek voluntary dismissal of fewer than all defendants
- Traps for the unwary
- Admissibility of discovery responses from dismissed defendants
- Validity of Mary Carter Agreements
- Dismissal under FRCP 42 and applicbility of FRCP 21
- Preventing surprise FRCP 54 motions for attorneys' fees
- Savings statutes and preserving or losing defenses
The panel will review these and other critical issues:
- How does dismissing some but not all defendants impact the admissibility of discovery responses from the dismissed defendants?
- What are the remaining, undismissed parties entitled to know about the settlement and how does FRCP 408 affect the answer?
- How do FRCP Rules 41 and 21 (and state versions) work together?
- Can voluntary dismissals of claims be manipulated or employed to render otherwise interlocutory issues immediately appealable?
- How important are "savings" or "revival" statutes in deciding whether to dismiss?
- What should counsel understand about FRCP 54 (and state law counterparts) when drafting stipulations of dismissal?
Katherine A. Cárdenas
Loizzi Cardenas Law
Ms. Cárdenas has more than 20 years of experience representing adults and minors who have suffered debilitating... | Read More
Ms. Cárdenas has more than 20 years of experience representing adults and minors who have suffered debilitating injuries in every area of personal injury. Ms. Cárdenas is a member of the highly esteemed Multi-Million Dollar Advocates Forum due to her repeated success in winning multi-million dollar settlements for her clients. She has tried numerous cases in state and federal court and has argued before the Supreme Court of Illinois.Close