Employment Litigation Pretrial Motions to Dismiss, to Limit Discovery, and Motions in Limine

Description

To advocate effectively for employers or employees, employment litigators must be versed in pretrial motion practice and prepared to pursue or defend motions to dismiss, motions to limit the scope of discovery, and motions in limine from the outset of the case.

Motions to dismiss, generally called 12(b)(6) motions, are attractive because they have the potential to dismiss an entire case based solely on the initial pleadings. However, employment litigators must carefully consider whether the likelihood of success on the motion to dismiss outweighs the possibility that the court will allow the opposing party to amend and strengthen its pleading.

Federal Rule 26 mandates the court, either on motion of a party or on its own, to limit the frequency or extent of discovery in certain circumstances, including when the burden or expense of producing the proposed discovery outweighs its likely benefit. Knowing how to successfully leverage motions to limit the scope of discovery is key to reigning in discovery costs.

Motions in limine can set the stage for success in employment litigation by preventing unfavorable evidence from coming before the jury. When approached thoughtfully, motions in limine can also be instrumental in helping counsel develop case themes and define the parameters of a trial. Motions in limine can also serve as an effective tool for preserving issues for appeal.

Listen as our authoritative panel of employment litigators discusses how to strategically leverage or challenge motions to dismiss, motions to limit the scope of discovery, and motions in limine. The panel will explore recurring issues that arise with each type of pretrial motion in employment litigation and offer guidance on effectively drafting and arguing for or against pretrial motions.