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Report Link The “Disfavored” Motion?Elarbee, Thompson, Sapp & Wilson, LLP. - May 15, 2008 Last year, the Supreme Court affirmed the grant of a motion to dismiss in a putative antitrust class action, holding that the complaint failed to allege sufficient facts to show that the plaintiffs could plausibly win at trial. In Bell Atlantic v. Twombly, the Court expressly rejected the standard long used by the lower federal courts that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Instead, the Court held that, while the factual allegations of a complaint need not be "detailed," they must "possess enough heft" so as to "plausibly" suggest that the plaintiff can prevail. Report Link Lawyers as Employers- Part 1.Nexsen Pruet - March 17, 2008 Lawyers are focused on the demands
of practicing law and running
their practices. Often, they do not
have time to dedicate to managing
their employees. And, in fact, some
lawyers may not see themselves as
employers. However, the success of
any business, including law firms, is
tied directly to its employees. Competent
and professional employees are
critical to a firm's ability to produce
quality work and keep good clients. Report Link 5 Must-Have Employment Defense Motions in Limine (pdf).Littler Mendelson, P.C. - August 21, 2007 In this Littler attorney-authored article, Michael Brewer discusses five effective motions in limine specific to employment trials. Brewer says that these "are favorites among defense attorneys and offer significant strategic benefits both at trial and on appeal." Some of the motions Brewer discusses include "Evidence of Misconduct Against Plaintiff's Co-Workers," and "Testimony of Employee's Own Opinion of His or Her Job or Job Performance." Report Link Pleading Requirements Tightened.Jackson Lewis LLP - June 22, 2007 Employers are often frustrated by the difficulty in obtaining early dismissals of seemingly frivolous or meritless federal lawsuits. Courts tend to deny motions to dismiss and allow such lawsuits to proceed through the entire discovery process, rather than carefully scrutinizing a plaintiff's initiating complaint. The Supreme Court recently issued an opinion in an antitrust lawsuit that has the potential to alter the relative ease by which plaintiffs avoid early dismissals. Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (May 21, 2007). Report Link Trying a Convincing Complex Civil Case in Federal Court.Thelen Reid & Priest LLP - June 25, 2001 Trying a convincing complex civil case, whether to a judge or jury, and whether on behalf of a plaintiff or defendant, invariably requires efforts by counsel well before the beginning of opening statements. Indeed, particularly in complex cases, most of the work will be done before the trial starts.
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ArticlesFound: 5 ArticlesNO SUBTOPICSEmployment Law Seminars
Complimentary Breakfast Briefing for In-House Counsel, Senior Management and HR Professionals
Memphis
July 22, 2008 Ford & HarrisonBehind The Complaint: Workplace InvestigationsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLPI-9 & E-Verify, R-U-Ready?: Recent Developments In Immigration Recordkeeping.Online
July 24, 2008 Ford & HarrisonEmployment and Labor Law 2008: CLE Program and GolfColumbus
July 25, 2008 LittlerSection 409A: Countdown to Compliance - LiveOnline
July 30, 2008 McQuire WoodsTEXAS EMPLOYMENT LAW BREAKFAST BRIEFINGSugar Land
July 31, 2008 Phelps DunbarWinning with the EEOCAtlanta
2008-8-6 Jackson Lewis LLPMississippi Employment Law SeminarBiloxi
August 7-8, 2008 Phelps DunbarReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
August 12 2008 Ballard Rosenberg |
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