We handle all types of litigation motions including motions to dismiss, summary judgment motions, preliminary injunctions, and other dispositive and non-dispositive motions.
Motions can resolve cases or shape their direction. MC Law's Motions practice handles all types of litigation motions.
Defective claims should be dismissed early. We file and defend motions to dismiss under Rule 12(b) for lack of jurisdiction, failure to state a claim, and other grounds.
A motion to dismiss under Rule 12(b) challenges the complaint's legal sufficiency. Common grounds include lack of jurisdiction, improper venue, insufficient service, and failure to state a claim. It is typically the first substantive motion and can resolve cases before discovery.
Summary judgment under Rule 56 argues there are no genuine disputes of material fact and the movant is entitled to judgment as a matter of law. It is filed after discovery and can resolve all or part of the case without trial, based on the evidentiary record.
A preliminary injunction is appropriate when the movant can show likelihood of success on the merits, irreparable harm without the injunction, that the balance of equities favors relief, and that the injunction serves the public interest. Timing is critical—delays can undermine the urgency argument.
Daubert motions challenge the admissibility of expert testimony under Rule 702, arguing that the expert's methodology is unreliable, the opinions are not based on sufficient facts, or the expert failed to apply reliable methods to the case facts. They are often case-dispositive.
Respond by demonstrating good faith compliance with obligations, addressing specific allegations of misconduct, showing lack of prejudice to the opposing party, and presenting any mitigating circumstances. If warranted, acknowledge errors, describe corrective measures, and argue for proportionate consequences.
Order attorney-drafted documents related to this practice.
A comprehensive clearance search plus preparation and filing of one federal trademark application.
Clearance, preparation, and filing, plus responses to routine (non-substantive) Office Actions.
Full-service prosecution from filing through registration, including substantive Office Action responses.
A short-form agreement providing a security interest in copyrighted works as collateral for a loan or other financial arrangement.
An agreement used to formalize the termination of a direct hire employee, including provisions for confidentiality, intellectual property, and severance.
A notice sent to a service provider under the Digital Millennium Copyright Act (DMCA), requesting the removal of infringing content hosted on their platform.
A simplified agreement used to transfer ownership of a copyright from one party to another, including details such as rights transferred, payment, and effective date.
An agreement where the copyright owner grants a licensee the right to use the copyrighted material under specified terms, including usage scope, duration, and payment.