Pleading Standards, Affirmative Defenses and Motions to Dismiss in Federal Court
Navigating Rule 8 Pleadings, 12(b)(6) and (f) Motions to Dismiss, and Standards in Removal Cases
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the evolution of pleadings standards since Iqbal/Twombly and how to survive a motion to dismiss. The panel will also discuss the applicability of the heightened pleadings standard to affirmative defenses as well as cases removed to federal court for diversity.
- Rule 8 pleading standards
- Rule 12(b)(6) motions to dismiss
- Rule 12(f) motions to strike affirmative defenses
- Applicability of Iqbal/Twombly pleading standards to cases removed to federal court for diversity
The panel will review these and other key questions:
- What are the latest developments in Rule 8 pleading standards and what do courts consider in evaluating a 12(b)(6) motion to dismiss?
- What are the various court rationales for considering whether the heightened pleadings standards apply to affirmative defenses?
- Must complaints in cases removed to federal court for diversity comply with the heightened pleadings standards?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Peter M. Durney
Cornell & Gollub
Since becoming a partner in the firm in 1987, he has represented hundreds of domestic and foreign corporations and... | Read More
Since becoming a partner in the firm in 1987, he has represented hundreds of domestic and foreign corporations and individuals in the state and federal courts of Massachusetts, New Hampshire, Maine, Connecticut, Rhode Island and Vermont. Mr. Durney also assists major corporate clients in litigation elsewhere in the United States.Close
Jonathan E. Goldberg
He has represented clients throughout the United States in matters involving claims of retaliation, discrimination,... | Read More
He has represented clients throughout the United States in matters involving claims of retaliation, discrimination, wrongful termination, fraud, breach of fiduciary duty and breach of contract. He represents corporations and individuals in trade secrets and restrictive covenant litigation, and assists clients with legal issues raised in connection with the failure of Bernard L. Madoff Securities.Close