Category Archives: Legal Procedure
How To Assert A Section 1983 Civil Rights Claim Against A Local Government Authority (A “Monell” Claim)
by Wilton H. Strickland Several years ago I wrote an article on this blog explaining how to assert a Section 1983 civil rights claim against a private defendant. At the …
Insurance Regulation, Reverse Pre-Emption, Subject Matter Jurisdiction, And Office Politics — The Many Lessons Rolled Into An Assignment As A First-Year Associate
by Wilton H. Strickland I began my career as an attorney in a tall office building in downtown Miami, Florida. It was an exciting time for me as a young …
Abstention: When Federal Courts Have Jurisdiction But Decline To Exercise It
by Wilton H. Strickland Litigants often try to get into federal court for a variety of reasons. Just as often, however, this proves difficult because federal courts have limited jurisdiction, …
The Importance Of Moving For A Directed Verdict
by Wilton H. Strickland On previous occasions I have discussed various methods of disposing of a complaint before trial, namely a motion to dismiss, a motion for judgment on the …
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 …
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 …
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 …
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