Summary Judgment Motions in Employment Discrimination Cases: Procedural and Substantive Strategies
Pursuing or Defending Against Motions for Summary Judgment; Assessing Impact of Summary Judgment on Trial and Settlement Strategy
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to employment litigators for strategically pursuing or defending against summary judgment motions in employment discrimination cases. The panel will discuss considerations and best practices for drafting and arguing for or against summary judgment motions. The panel will also explain how summary judgment motions can impact trial strategy and settlement posture.
Outline
- Procedural framework for summary judgment motions
- Strategic considerations for employers’ counsel pursuing summary judgment in discrimination cases
- Summary judgment on liability only or damages only?
- Summary judgment on supplemental state claims?
- Timing of motion
- Content of motion
- Discovery and evidentiary considerations
- Strategic considerations for plaintiffs’ counsel defending against summary judgment in discrimination cases
Benefits
The panel will review these and other key issues:
- What is the procedural framework for pursuing summary judgment motions?
- What strategic considerations should employers’ counsel take into account when evaluating whether and when to file a summary judgment motion?
- What are some best practices when drafting summary judgment motions in employment discrimination actions?
- What strategies have been effective for plaintiffs' counsel to defeat motions for summary judgment in employment discrimination cases?
Faculty
Robin E. Shea
Partner
Constangy Brooks Smith & Prophete
Ms. Shea has more than 20 years' experience in employment litigation, including Title VII and the Age... | Read More
Ms. Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act), the Genetic Information Non-Discrimination Act, the Equal Pay Act, and the Family and Medical Leave Act; and class and collective actions under the Fair Labor Standards Act and state wage-hour laws; defense of audits by the Office of Federal Contract Compliance Programs; and labor relations. She conducts training for human resources professionals, management, and employees on a wide variety of topics. She is Editor in Chief of the Firm's blog Employment & Labor Insider.
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A. Jonathan Trafimow
Partner
Moritt Hock & Hamroff
Mr. Trafimow chairs the Firm's Employment Law Practice Group and co-chairs the Firm's Cybersecurity... | Read More
Mr. Trafimow chairs the Firm's Employment Law Practice Group and co-chairs the Firm's Cybersecurity Practice Group. He represents employers in all areas of workplace discrimination, retaliation, harassment and civil rights claims, and class actions. He also provides advice and counsel to employers on discrimination and retaliation policies and prevention, harassment training and prevention, wage and hour matters, handbooks, severance packages, employment agreements and other employment-related documents. In addition, he has trial experience in the class action context.
CloseJordan M. Kam
Partner
The Roth Law Firm
Mr. Kam focuses his practice in business, employment, and securities litigation. Through his diverse experience, he... | Read More
Mr. Kam focuses his practice in business, employment, and securities litigation. Through his diverse experience, he represents public companies, financial institutions, broker-dealers, small-businesses, investment advisors and individuals in federal and state trial and appellate courts, before regulatory bodies, in internal investigations and in arbitration and mediation proceedings.
CloseLawrence M. Pearson
Partner
Wigdor
Mr. Pearson represents both individuals and corporate clients in legal matters involving discrimination, retaliation,... | Read More
Mr. Pearson represents both individuals and corporate clients in legal matters involving discrimination, retaliation, harassment, whistleblowing, severance negotiations, employment law, contracts, workplace policies and compliance, internal investigations, employee discipline, entertainment law and civil rights law. He has litigated many dozens of employment, contract and tort cases to resolution in federal and state courts, as well as arbitrations in the Financial Industry Regulatory Authority (FINRA) and American Arbitration Association (AAA), among other forums.
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