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Article Index » lawyering » general
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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