Why you should attend
Every year, the New York Courts interpret, and re-interpret, the important procedural rules that govern litigation in New York State: the Civil Practice Law and Rules. One of the most important aspects of the procedural rules for litigators is the ongoing evolution of the law with respect to the very unforgiving statute of limitations. The Courts lack the power to extend the applicable statute, or to exercise discretion to assist a tardy plaintiff for good cause shown, or in the interest of justice; hence the great importance of staying abreast of developments in the law of statute of limitations. Other New York practice rules, while perhaps less draconian, are no less important. With each year come changes in the case law, and occasional statutory amendments, that any lawyer litigating in the State Courts must be aware of in order to practice effectively.
What you will learn
- New and important cases on motions to dismiss and summary judgment
- The Court of Appeals latest pronouncement on motions to dismiss for failure to prosecute, and what it portends
- Significant case law on the statute of limitations, including malpractice issues and product liability
- New cases - including two important U.S. Supreme Court decisions - on jurisdiction
- Current disclosure issues - including important new decisions on electronic discovery
- Recent cases on substitution, intervention and class actions
- Case law on motion practice
- An update - including a recent Court of Appeals decision and two CPLR amendments - on the law of pleadings
Who should attend
This program is for attorneys who litigate in the State Courts of New York, and managing attorneys. It is also valuable for in-house counsel who have responsibility to make decisions about litigation, or to liaison with outside litigation counsel.
Afternoon Session: 1:00 PM - 5:00 PM
1:00 Introduction
1:10 Motions to dismiss, summary judgment and statute of limitations
- CPLR 3211 motions to dismiss
- Timing of summary judgment motions
- Summary judgment motions
- CPLR 3213 motions for summary judgment in lieu of complaint
- Defaults
- CPLR 3216 motions to dismiss for failure to prosecute
- Voluntary discontinuance
- Statute of Limitations for professional malpractice
- Medical malpractice
- Product Liability
- Fraud
- Intentional Torts
- Relation Back - United in Interest
- Tolls
3:15 Networking Break
3:30 Jurisdiction, Disclosure, Parties, Motion Practice, Enforcing Judgment
- CPLR 301 - General Jurisdiction
- CPLR 302 - Long Arm Jurisdiction
- The “Good Faith” rule for disclosure motions
- Informal disclosure
- Non-party disclosure
- Privileges
- Electronic discovery
- Depositions
- Document production
- Medical records and exams
- Substitution of parties
- Intervention
- Class Actions
- Third-Party Practice
- Motion practice generally
- Enforcing judgments
5:00 Adjourn
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
The New York Hilton & Towers1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also
make reservations online to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com
Sheraton New York Hotel & Towers, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book
online.
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
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