Dispositive Motions in Federal Court and Florida State Court

Phil Rothschild
Monica V. Castro
Rebecca J. Cañamero
Phil Rothschild | Holland & Knight
Monica V. Castro | Holland & Knight
Rebecca J. Cañamero | Holland & Knight

On-Demand: February 11, 2025

2 hour CLE

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Program Summary

This program will cover the legal framework and strategic considerations for preparing and filing motions to dismiss and motions for summary judgment in federal court and also in Florida state courts. Under Fed. R. Civ. P 12(b), discussion will include motions for lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, and failure to state a claim. For summary judgment motions, discussion will include the standard of no genuine issues of material fact, the respective burdens of the moving and non moving parties, and effective use of evidence for both the movant and the opposing party. Strategic considerations of timing and judicial perspective, including crafting persuasive legal arguments and identifying weak points in opposing motions will be discussed as well. Finally, the new Florida state court rules governing summary judgment motions will be explained.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Purpose and timing of motions to dismiss and summary judgment
  • Legal standards for motions to dismiss and motions for summary judgment
  • Effective use of evidence in summary judgment motions
  • Judicial perspective: What courts expect

Closed-captioning available

Speakers

Phil Rothschild_myLawCLEPhil Rothschild | Holland & Knight

Philip E. Rothschild is a litigation attorney in Holland & Knight’s Fort Lauderdale office. He practices in the area of complex commercial litigation, with an emphasis on federal court issues. Mr. Rothschild has defended numerous consumer finance class actions (before, during and after) the class certification stage, as well as lawsuits involving the Fair Debt Collection Practices Act (FDCPA), Florida Consumer Collections Practices Act (FCCPA) and Telephone Consumer Protection Act (TCPA). He has also represented lenders and mortgage servicers in prosecuting foreclosures and defending claims under the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA). In addition, he has represented several medical providers and their billing companies in class actions involving Florida’s personal injury protection (PIP) balance billing provision. Mr. Rothschild has experience handling matters involving many different types of claims from pre-suit through trial, having participated in numerous bench trials in state and federal court, and three federal jury trials between 2018 and 2022.

 

Monica V. Castro_myLawCLEMonica V. Castro | Holland & Knight

Monica Vila Castro is a Miami litigation attorney on Holland & Knight’s Appellate Team and in the firm’s Litigation Practice Group. She focuses on complex commercial litigation and appellate matters involving a wide variety of legal issues.

In her commercial litigation practice, Ms. Castro has represented clients in cases arising from breach of contract, shareholder disputes, mismanagement and embezzlement of company assets, challenges to the validity of life insurance policies, termination of distributorships, disputes with health insurers and predatory lending. Ms. Castro’s fluency in Spanish has enabled her to effectively assist clients in both English- and Spanish-speaking jurisdictions.

As part of her appellate practice, Ms. Castro has drafted briefs and argued appeals in the Florida District Courts of Appeal, Florida Supreme Court and the U.S. Courts of Appeals for the Fourth and Eleventh Circuits, as well as the U.S. Supreme Court. Ms. Castro routinely assists trial lawyers from the inception of a case, using her appellate knowledge to ensure that legal issues arising during the course of litigation are well-positioned for a favorable outcome at the trial and appellate levels. Prior to entering private practice, Ms. Castro served as a law clerk to the Honorable Susan H. Black on the U.S. Court of Appeals for the Eleventh Circuit.

 

Rebecca J. Cañamero_myLawCLERebecca J. Cañamero | Holland & Knight

Rebecca Cañamero is an attorney in Holland & Knight’s Miami office.

Ms. Cañamero practices in the areas of appellate litigation, trial support, white collar criminal defense, internal investigations and healthcare fraud. She serves clients in a broad range of industries, including financial services, healthcare, military contractors and securities, among others. Ms. Cañamero practices in both English and Spanish to assist clients in the U.S. and Latin America.

Prior to joining Holland & Knight, Ms. Cañamero served as a law clerk to the Honorable Cecilia M. Altonaga, United States District Judge in the U.S. District Court for the Southern District of Florida.

During law school, Ms. Cañamero was an executive board member of the Harvard Prison Legal Assistance Project where she represented inmates at disciplinary hearings in Massachusetts state prisons. She received the Dean’s Scholar Award for Federal Courts and the Federal System.

Agenda

I. Purpose and timing of motions to dismiss and summary judgment | 2:00pm – 2:30pm

II. Legal standards for motions to dismiss and motions for summary judgment | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. Effective use of evidence in summary judgment motions | 3:10pm – 3:40pm

IV. Judicial perspective: What courts expect | 3:40pm – 4:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved for CLE Credits
2.5 General

____________________________________________ Certification Credits: 2.5 State and Federal Government and Administrative Practice. To request these credits attorneys must contact us to issue a manual certificate. Phone: (877) 406-8636 Email: [email protected]
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for CLE Credits
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Approved for CLE Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for CLE Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Pending CLE Approval
2 General

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2.4 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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