Category Archives: Legal Procedure

How To Tackle A Motion For Summary Judgment

by Wilton H. Strickland On previous occasions I’ve discussed how to move for dismissal or for judgment on the pleadings, both of which are excellent tools for disposing of complaints …
Wilton Strickland

Affirmation, Not Denial: Remembering The Real Goal Of Affirmative Defenses

by Wilton H. Strickland It goes without saying that litigation is contentious. Defendants in particular have a strong motivation to fight, for they are confronted with a public claim that …

Wilton Strickland

The Widespread Confusion Surrounding Third-Party Complaints

by Wilton H. Strickland It is often possible to dismiss a complaint for defects that are readily apparent. I’ve discussed several of these defects before, but there is one type …

Wilton Strickland

There’s More Than One Way To Skin A Cat: Spotting Grounds For Automatic Dismissal Of A Complaint

by Wilton H. Strickland When presented with a complaint against a client, many attorneys reflexively think ahead to a possible trial — they sketch out the relevant issues and witnesses, …

Federal Practice Tip: Easy Dismissal Of International Disputes

by Wilton H. Strickland International litigation is growing as the world is shrinking, a phenomenon I explored in a previous article concerning service of process abroad. Much of this litigation …

Practice Tip: Removing To Federal Court On The Basis Of Diversity Of Citizenship, Even When Parties Are Not Diverse

by Wilton H. Strickland In my previous post I discussed what an attorney might do when confronted with a complaint that is legally deficient. However, an attorney often faces a …

Practice Tip: Consider Filing A Motion For Judgment On The Pleadings

by Wilton H. Strickland It’s a familiar moment for attorneys who handle civil disputes: your client is served with a complaint or counterclaim that appears legally defective, but you remain …

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