Motions

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Motions can end a case early or steer where it goes, and we draft and argue the full range, from motions to dismiss and summary judgment to preliminary injunctions and the day-to-day procedural motions that keep a case on track.

A sharp motion can dispose of a claim, narrow the issues, or change the leverage in a negotiation. We pick our spots, write briefs that respect the judge's time, and argue them with a clear theory of why the law and record favor you. When the dispute turns on technology, our engineering background lets us explain the underlying facts in a way that makes the legal argument land.

Motions To Dismiss

A defective complaint should not survive to expensive discovery. We file and oppose motions to dismiss under Rule 12(b), attacking personal and subject matter jurisdiction, improper venue, and failure to state a claim. On the plaintiff side, we draft pleadings built to clear the plausibility standard the first time, so you keep your claims alive without burning months on amendments.

Winning On Summary Judgment

Summary judgment is the best chance to win before trial, and the work starts long before the brief. We develop the discovery record with the motion in mind, isolate the issues with no genuine dispute of material fact, and present them cleanly under Rule 56. When we are defending against summary judgment, we surface the factual disputes that entitle you to put your case to a jury.

Injunctions And Emergency Relief

Some problems cannot wait for a final judgment. We seek and oppose temporary restraining orders and preliminary injunctions, building the showing on likelihood of success, irreparable harm, the balance of equities, and the public interest. These motions move fast and reward thorough preparation, and we are ready to assemble the evidence and argument on a compressed schedule.

Frequently asked questions

A motion to dismiss under Rule 12(b) argues that the complaint is legally insufficient, even if everything in it were true. Common grounds are lack of jurisdiction, the wrong venue, improper service, or failure to state a valid claim. It's usually the first substantive motion, and because it comes before discovery, winning it can end the case before either side spends much.

Summary judgment under Rule 56 asks the court to rule without a trial because there's no genuine dispute over the facts that matter and the law clearly favors one side. It's filed after discovery, once the evidentiary record is built, and can dispose of the whole case or just narrow it down to the contested issues. It's the main chance to win on paper before facing a jury.

You ask for one when you need the court to stop something right away, before the case is over. To get it, you have to show you're likely to win on the merits, that you'll suffer irreparable harm without it, that the balance of hardships favors you, and that the injunction serves the public interest. Move fast, because waiting undercuts your argument that the harm is urgent.

A Daubert motion challenges whether the other side's expert should be allowed to testify under Rule 702, usually arguing the method is unreliable, the opinion isn't grounded in enough facts, or the expert misapplied the method to the case. Because so many cases turn on expert testimony, knocking out an opponent's expert can effectively decide the outcome. It's a high-value motion when the case rests on technical or scientific proof.

Respond by showing you acted in good faith and met your obligations, then take apart each specific accusation and show the other side wasn't actually harmed. Point to any mitigating circumstances that explain what happened. If you genuinely got something wrong, it's often better to acknowledge it, explain how you fixed it, and argue for a proportionate result rather than the severe penalty they're seeking.

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