Motions Practice in Federal Court (On Demand Seminar)

A pre-recorded streaming VIDEO replay of the March 2023 webcast, 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 addresses, 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)
  

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.