Pleading Federal Environmental and Toxic Tort Claims
Navigating Pleading Standards Amid Differing Court Decisions, and Overcoming Other Procedural Challenges
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide litigators with an overview of current rules and case law establishing the governing standards in pleadinenvironmental and tort cases. The panel will also offer insights for successfully pleading those claims, challenging the pleadings at an early stage, and addressing other procedural issues.
- Overview of Twombly, Iqbal, and other recent court decisions under FRCP 8(a) and 12(b).
Applying applicable pleading standards in the environmental context.
- Environmental fact v. inference
- Substantive plausibility v. speculative probability
- Case studies — Chubb v. SS/Loral, et al.; Z-J, Inc. v. Pfizer Inc.
- Other procedural issues (e.g., standing, timeliness, and injury-in-fact)
- Lessons learned
The panel will review these and other key questions:
- What are the consequences of Twombly and Iqbal on environmental and toxic tort cases?
- What are the requirements for a complaint to withstand a 12(b)(6) motion?
- How can defense counsel challenge environmental claims at the earliest possible stage in the proceedings to avoid costly discovery and pre-trial motion practice?
- What are the lessons for environmental litigators from recent court decisions?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
He represents businesses, individuals and governmental entities in complex federal and state court litigation as... | Read More
He represents businesses, individuals and governmental entities in complex federal and state court litigation as well as regulatory matters in environmental and land use, oil, gas and alternative energy, and toxic tort issues. He is a frequent lecturer and has demonstrated his commitment to furthering public dialogue about critical legal issues.Close
Gregory M. Gotwald
Plews Shadley Racher & Braun
He focuses his practice on litigation and appellate work in the areas of insurance coverage law, environmental law,... | Read More
He focuses his practice on litigation and appellate work in the areas of insurance coverage law, environmental law, and technical and complex litigation. He has an degree in chemical engineering and was a Law Clerk for the U.S. Department of Justice, Environmental and Natural Resources Division in Washington D.C.Close
Plews Shadley Racher & Braun
She practices in a variety of areas including complex litigation, environmental litigation, agricultural law, health... | Read More
She practices in a variety of areas including complex litigation, environmental litigation, agricultural law, health care/life sciences and insurance coverage.Close