Motions Practice in Federal Court

Motions Practice in Federal Court: A Menu

Civil cases in federal court are fought primarily on paper through vigorous motions practice. Not having a working knowledge of dispositive and non-dispositive motions available under the Federal Rules of Civil Procedure risks missing available opportunities that could win your case, or worse, potential landmines that could blow your case up. This seminar will address, in an entertaining way, the procedural and strategic elements of an effective motions practice.

Appetizers:

• Rule 12(b) Motions to dismiss:
  1. Lack of subject matter jurisdiction
  2. Lack of personal jurisdiction
  3. Improper venue
  4. Insufficient process
  5. Insufficient service of process
  6. Failure to state a claim upon which relief can be granted
  7. Failure to join a party pursuant to Rule 19
• Other Rule 12 motions:
  1. Motion for judgment on the pleadings
  2. Motion for more definite statement
  3. Motion to strike

Main Course:

• Motions for summary judgment (Rule 56)
• Motions to exclude experts (FRE 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc.)
  

Sides:

• Motions for protective order (Rule 26(c))—motions to seal
• Motions to sever (Rule 21)
• Motions to join (Rule 19)
• Motions for default judgment (Rule 55)
  

Dessert:

• Motion for costs (Rule 54)
• Motion for new trial (Rule 59)
• Motion for relief from judgment (Rule 60)
  
  

Brief Lesson in Manners:

• Importance of knowing and complying with local rules
• Form of pleadings (Rule 11)
  

Complaining to Management:

• Motions for Sanctions (Rule 11)
• Motions to Compel and other failure to make discovery motions (Rule 37)
  

COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE^® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE^® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

Click here for details about the Virginia CLE^® COVID-19 policy. Please revisit the webpage routinely for updates as we are monitoring the evolving COVID-19 situation. All updates to this policy will be emailed to registrants.
(Last updated March 2, 2022)

The live-on-site seminar/hockey event is not eligible for Virginia CLE^® new lawyer, government, paralegal, law student, legal aid, or pro bono discounts. The webcast and telephone formats, however, are eligible for discounts.

Cancellation Policy:

Cancellations made after February 23, 2023, for the live-on-site seminar and hockey game will incur a $379 cancellation fee for the cost of the game and buffet. If we find a replacement purchaser, we will refund you the cancellation fee. There will be no refund for cancellation requests made after 5:00 p.m. the DAY BEFORE the program.

Cancellation/transfer requests for the webcast and telephone options will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Inclement Weather Policy and Updates.

COURSE SCHEDULE FOR MARCH 9TH SEMINAR at 8609 Westwood Center Drive, Tysons, VA 22182.

• Sign-in for live seminar attendees in Tysons begins at 2:30 p.m.
• Q&A will be handled via chat room for Webcast attendees.

COURSE SCHEDULE (April 20, June 8, July 11) (Eastern Time)

• Q&A will be handled via chat room for Webcast attendees.
• Q&A will be handled via e-mail for telephone seminar attendees.

FACULTY

Bryan Slaughter, MichieHamlett / Charlottesville
Kyle McNew, MichieHamlett / Charlottesville
Christina Dimeo, MichieHamlett / Charlottesville

ABOUT THE SPEAKERS

Bryan Slaughter, MichieHamlett / Charlottesville

Bryan Slaughter concentrates his practice on cases involving catastrophic personal injury or wrongful death. His practice areas include products liability, serious automobile and truck accidents, premises liability, and medical malpractice. He is a member of the Virginia and West Virginia state bars, and he has tried cases throughout the region. Mr. Slaughter graduated from the University of Virginia in 1991, and the Washington and Lee University School of Law in 1997. He is a past president of the Virginia Trial Lawyers Association, and a member of both the American College of Trial Lawyers and the International Academy of Trial Lawyers. He is a member of the Boyd-Graves conference, a faculty member at the National Trial Advocacy College, and has lectured and written on various topics involving products liability and personal injury law. Mr. Slaughter is particularly interested in pro bono service and access to justice issues, and in that regard serves on the Virginia Supreme Court’s Access to Justice Commission.

Kyle McNew, MichieHamlett / Charlottesville

A partner with MichieHamlett, Kyle McNew focuses on issues, motions, and appellate practice in state and federal courts throughout Virginia, with a particular focus on tort law and civil procedure.

Mr. McNew is an unapologetic and unrepentant law nerd. His early experiences clerking, first on the United States District Court for the Eastern District of Virginia and then for the United States Court of Appeals for the Sixth Circuit, confirmed his desire to focus his efforts on engaging with the law through written and oral advocacy. Visitors to his office are often greeted by the dulcet tones of recorded or live-stream appellate arguments rather than background music.

Mr. McNew lives in Albemarle County with his wife and two sons. Despite being a diehard UVA sports fan, he is proud of his status as one of the only attorneys in the Charlottesville area who never went to UVA for anything.

Christina Dimeo, MichieHamlett / Charlottesville

Christina Dimeo concentrates on medical malpractice, products liability, and tractor-trailer litigation cases. As a former newspaper journalist, she is adept at focusing on facts, digging into details, and presenting information in a clear, easy to understand manner. She graduated summa cum laude from the University of Richmond School of Law and received the J. Westwood Smithers Medal and Cudlipp Medal for having the highest GPA and graduating first in her class. Outside of the office, she enjoys cooking, writing and playing music, and spending time with her family.

LIVE-ON-SITE REGISTRATION FEE

$379—Fee includes the seminar, game ticket in a loft-level Suite #210, all-inclusive package with unlimited buffet, beer, wine, soda, and water through the end of the second intermission

Depending upon availability, attendees can purchase an additional guest ticket for the game and the all-inclusive buffet for $350. If interested, please contact Suzanne Stinnett at sstinnett@vacle.org.

Cancellations made after February 23, 2023, will incur a $379 cancellation fee for the cost of the game and buffet. If we find a replacement purchaser, we will refund you the cancellation fee. There will be no refund for cancellation requests made after 5:00 p.m. the DAY BEFORE the program.

LIVE LOCATION AND DATE

TYSONS / Thursday, March 9
SEMINAR LOCATION: 8609 Westwood Center Drive (Google Map)
Tysons, VA 22182

Parking: Please note that free parking is provided as part of this seminar in the parking garage directly behind the office building at 8609 Westwood Drive. The Spring Hill Metro Station is located approximately 4 blocks from the seminar location on the Silver line.

Detailed information on where to meet on March 9, and how tickets will be distributed, will be sent to you in advance via e-mail.

WEBCAST/TELEPHONE REGISTRATION FEES

WEBCAST FEE:
$159 regular registration

TELEPHONE FEE:
$179 regular registration

If you have a disability that requires special accommodation, please contact Virginia CLE^® well in advance of the program date.

Private recording of this program is prohibited.