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Friday, March 11, 2022
6:00 PM - 7:00 PM
This presentation is a replay of a webcast originally presented April 20, 2021.
It is no secret that Rule 12 motions to dismiss or motions for judgment on the pleadings are harder to win in Minnesota state court, as compared to federal court. The increased difficulty is the result of the Minnesota Supreme Court’s 2014 decision not to follow the U.S. Supreme Court’s requirement that claims must be pled “plausibly.” Despite the lack of a plausibility standard in Minnesota, there remain at least three powerful tools in the litigator’s Rule 12 tool belt (which are equally available in state and federal court): the incorporation-by-reference doctrine, the authority of the district court to take judicial notice, and the requirement that the court disregard labels and conclusions in the complaint. This presentation will cover creative ways you can leverage those tools for your next Rule 12 motion.
– Jeffrey M. Markowitz; Arthur Chapman Kettering Smetak & Pikala, P.A.
Webcast also included in the following webcast package:
Minnesota Civil Litigator Mini-Series
$65
Other discounts that may apply:
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Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.
Minnesota CLE has applied to the Minnesota State Board of CLE for 1.0 standard CLE credit. The maximum number of total credits you may claim for attending this program is 1.0 credit.
Minnesota CLE also has applied to the Minnesota State Bar Association for 1.0 civil trial specialist credit.