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

This program is only available to All-Access Pass Members.
Subscribe to Miami-Dade Bar + myLawCLEs All-Access Pass...
Get this course, plus over 1,000+ live webinars.
Learn More

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

speaker_Phil RothschildPhil 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 | 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 | 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

Preview
More CLE Webinars
Upcoming CLE Webinars
Adobe Acrobat Pro for Lawyers (2025 Edition)
Adobe Acrobat Pro for Lawyers (2025 Edition) Thu, April 3, 2025
Live Webcast
Annual Mini-Medical School (2025 Edition)
Annual Mini-Medical School (2025 Edition) Thu, April 10, 2025
On-Demand
Live Replay
Commercial Evictions in Florida (Florida Specific)
Commercial Evictions in Florida (Florida Specific) Fri, April 11, 2025
Live Webcast
Motions That Persuade: Crafting Arguments That Win
Motions That Persuade: Crafting Arguments That Win Wed, April 16, 2025
Live Webcast
The Convergence of the EU AI Act and ISO Requirements
The Convergence of the EU AI Act and ISO Requirements
Rachel V. Rose – Attorney at Law, PLLC
Playing Defense at 30(b)(6) Depositions (2024 Edition)
Playing Defense at 30(b)(6) Depositions (2024 Edition) Fri, April 18, 2025
On-Demand
Live Replay
IRS Enforcement: Tax Liens & Tax Levies (2025 Edition)
IRS Enforcement: Tax Liens & Tax Levies (2025 Edition) Fri, April 18, 2025
On-Demand
Live Replay
Nonbankruptcy Restructuring Alternatives
Nonbankruptcy Restructuring Alternatives Fri, April 18, 2025
Live Webcast
Real Estate LLC Disputes
Real Estate LLC Disputes Wed, April 23, 2025
Live Webcast