BarbriSFCourseDetails

Course Details

This CLE webinar will discuss defending against frivolous employee lawsuits. The panel will address how to assess whether a claim is frivolous or made in bad faith and address possible employer defense strategies including motion practice, counterclaims, and seeking sanctions under federal and state law.

Faculty

Description

It is increasingly common for unhappy current or former employees to file meritless lawsuits against employer companies. When faced with frivolous claims, some companies may want to settle quickly, regardless, to mitigate the risk of reputational harm. Others may want to actively defend themselves against frivolous claims to discourage others from following suit in the hope of making money on a quick settlement.

Counsel should know how to analyze a claim to decide whether it may be frivolous or meritless and then understand the various defense strategies that may be pursued to achieve their clients' goals--including whether to pursue ADR and/or settlement or to move ahead with litigation using motion practice and possibly seeking sanctions.

Listen as our expert panel examines how to defend against employee frivolous claims. The panel will discuss how to assess the claim for merit and address considerations counsel and their clients should make when developing defense strategies. The panel will also consider possible remedies and when to pursue sanctions.

Outline

  1. Introduction
  2. Determining whether a claim is frivolous or made in bad faith
  3. Motion practice
    1. Motion to dismiss for failure to state a claim under Rule 12(b)(6)
    2. Motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1)
    3. Motion to stay discovery
    4. Motion to strike under Rule 12(f)
  4. Answer and counterclaims
  5. Sanctions
    1. Rule 11
    2. Section 1927
  6. ADR and settlement: pros and cons
  7. Attorney's fees and costs
  8. State statutes and remedies
    1. Vexatious litigants
  9. Insurance considerations
  10. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What makes an employee claim frivolous?
  • Who are "vexatious litigants?" What states have laws related to vexatious litigation?
  • What are an employer's options when faced with defending a frivolous claim?
  • When should counsel consider moving for sanctions?