Federal Court 101: Motions, trial & post-trial

Michael Needleman | Philadelphia Business Lawyers Reger Rizzo & Darnall LLP

Michael J. Needleman is a Partner in the Firm’s Philadelphia Office and member of the Litigation, Insurance, Employment Practices, Franchise & Distribution, and Corporate & Business Services Groups. He is a litigator in state and federal courts in Pennsylvania, New Jersey, and the District of Columbia. A former law clerk, he has been actively trying cases for more than a decade. He has extensive experience handling insurance defense, insurance coverage, employment litigation, and complex commercial litigation matters, including litigating franchise dispute matters. Mr. Needleman has delivered lectures to the insurance industry on various topics and has taught several CLE classes on a variety of litigation-related subjects.

He has also conducted training seminars for employers on maintaining harassment-free workplaces and minimizing claims.

Daniel Albers | Barnes & Thornburg LLP

Dan Albers advises on intellectual property disputes and commercial litigation, trials and appeals. A consummate advocate, Dan is known by clients and colleagues alike for providing persuasive and clear arguments grounded in sound legal theory that reflect his clients’ position and their specific objectives. Dan Albers advises on intellectual property disputes and commercial litigation, trials and appeals. A consummate advocate, Dan is known by clients and colleagues alike for providing persuasive and clear arguments grounded in sound legal theory that reflect his clients’ position and their specific objectives.

Dan’s experience includes a broad range of litigation on behalf of both plaintiffs and defendants including patent, trademark, copyright, and trade secret infringement, ERISA, asbestos removal, environmental issues, insurance defense, securities fraud, antitrust, and contract disputes. His clients include individuals, public governmental entities, utilities, and banking institutions. He has prepared and tried a variety of commercial and patent cases in both state and federal court. In fact, Dan’s courtroom capabilities consistently translate into favorable arbitration and ADR results. His pragmatic approach to problem-solving is manifest in skilled representation inside and outside of the courtroom.

In the event trial ensues, Dan’s ability and willingness to take difficult cases to trial, identify the critical and most persuasive elements of an argument, and present complex facts in laymen’s terms is supported by his proven ability to make smart choices that serve his client’s best interests at every turn. Dan’s decades of trial experience are amplified by his intellectual acuity and presentation abilities, which are key components to helping clients realize the right result.

Dan Shulman | Shulman & Buske

Dan Shulman has been a practicing trial lawyer for over 50 years. He specializes in complex commercial and civil rights litigation. He was admitted to practice in Minnesota in 1970 and has tried lawsuits in state and federal courts in Minnesota and numerous other states. He is a member of the International Academy of Trial Lawyers and the American College of Trial Lawyers. Dan is also a Fellow Emeritus of the Litigation Counsel of America. He was named a Minnesota Lawyer of the Year for 2012 and 2018. He obtained a Bachelor of Arts degree cum laude from Harvard College (1965), a Master’s Degree in English Literature from Yale University (1967), and a Juris Doctor degree with honors from Harvard Law School (1970).

Michael Needleman
I. Federal courts | 2:00pm – 2:15pm

A. U.S Supreme Court
B. 11 Courts of Appeal and the D.C. Circuit
C. U.S. District Courts for various Districts within each Circuit

II. Pleadings | 2:15pm – 3:00pm

A. Complaint

1. Service within 20 days; waiver of service
2. Fraud – Fed. R. Civ. P. 9

a. Must be pled with specificity

3. Notice Pleading applies to all other claims – Fed. R. Civ. P. 8

a. Twombley/Iqbal Plausibility standard
b. Pleading for evidence/discovery

B. Removal

1. If removing based on diversity jurisdiction, be aware of the forum defendant rule

a. Based on a “paper”
b. 30/1 rule

C. Response

1. Most commonly motion under Fed. R. Civ. P. 12(b)

D. Answer

1. Must be filed within 20 days, unless either an extension of time is granted, or service waived, and 60 days is operative

E. Counterclaims Fed. R. Civ. P. 13

1. Permissive
2. Mandatory
3. Entire controversy rule

Break | 3:00pm – 3:10pm

Daniel Albers
III. Discovery | 3:10pm – 3:30 pm

A. Fed. R. Civ. P. amended in Dec. 2015, so that now proportionality is the second part of discoverability
B. Interrogatories Fed. R. Civ. P. 34

1. Limited to 25, including subparts, but you do not have to serve all 25 at once.
2. Interrogatory answers must be signed, even though pleadings do not.

C. Requests for Production of Documents Fed. R. Civ. P. 34
D. Depositions Fed. R. Civ. P. 30
E. Request for Admissions

1. Can be a really useful tool following depositions
2. Can only be served on parties

F. How to Enforce Discovery obligations/ Seek Protective Order?

1. Telephone call or Formal Motion?
2. Read the Judge’s policies and procedures!!!

G. Subpoenas Fed. R. Civ. P. 45

1. Ad Testificandum or Duces Tecum only within 100 miles of the Courthouse.
2. Can be served on parties or non-parties, but the only way to get information from non-parties

IV. Settlement/Mediation/Arbitration/Pre-Trial | 3:30pm – 4:10pm

A. Settlement
B. Mediation
C. Arbitration

1. In Federal Court, all cases seeking $150,000 or less are arbitrated first. The arbitration award can be appealed de novo within 30 days.

D. Pre-trial

1. Pre-Trial

Break | 4:10pm – 4:20pm

Daniel Shulman
V. Motion Practice | 4:20pm – 4:40pm

A. Attempt to resolve the issue
B. Read the judge’s policies and procedures – is a formal motion to be filed on the docket, or simply sent to the target and a copy given to the judge?

VI. Trial | 4:40pm – 5:10pm

A. Read the Judge’s policies and procedures!!!
B. What/how are exhibits to be presented?
C. Where are you supposed to stand?
D. Are you allowed to approach the jury?

VII. Post-trial | 5:10pm – 5:20pm