It is important to think critically about what your client can and should try to accomplish at the motion to dismiss stage. Very few cases genuinely are amenable to a quick dispositive resolution pre-discovery. This live audio conference will discuss how to make an honest assessment of whether your case fits into that category. Even when a complete resolution of the case cannot be achieved on a motion to dismiss, such a motion can still help to narrow the case and control discovery. However, depending on the jurisdiction and the arguments raised, the motion can also create bad law of the case if it is denied. This audio conference will explore this calculus of costs and benefits. In addition to these topics, the audio conference will analyze issues that have emerged since the U.S. Supreme Court's decisions in Twombly and Iqbal. Some commentators argue that these decisions provide the opportunity to make summary-judgment-like arguments in a motion to dismiss. While this is true in some instances, there are limits and it is essential to understand them. As an alternative, it may make sense in a given case to file an answer and move for judgment on the pleadings. Because the 'pleadings' include the answer, the court can rely on allegations in the answer without converting the motion into one for summary judgment. The risks and benefits of the motion for judgment on the pleadings will be analyzed, including the risk that answering the complaint will trigger discovery mechanisms and preclude a quick resolution. Lastly, the audio conference will explore the poorly-understood interaction of motions to dismiss with class certification under Rule 23. Class allegations are often boilerplate recitations of the elements of Rule 23. But these allegations, like all other allegations, must satisfy the Twombly standard, and under Twombly such allegations do not suffice. In addition, Rule 23 empowers the court to eliminate class allegations when class certification is inappropriate. A motion to strike class allegations can therefore function like a motion to dismiss in the class certification context. The audio conference will explore when and how such a motion to strike can be made.

• Partner in the Washington, D.C. office of Schnader Harrison Segal & Lewis LLP
• Practice emphasizes all aspects of financial services litigation and class action defense
• Writer of several publications related to the areas of financial services and product liability
• J.D. degree, University of Pennsylvania Law School
• Can be contacted at 202-419-4208 or sfogdall@schnader.com

• CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
• NALA
• Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.