National Employment Lawyers Association/New York - Event Information
NELA Nite: Opposing Summary Judgment
Often the make-or-break event of an employment case, this panel will explore how to oppose summary judgment, with a particular focus on discrimination, harassment and retaliation matters in federal court. Anne L. Clark, Kevin Mintzer, and Mariann Meier Wang will cover the basics of what must be done under the rules and turn to more advanced strategies for creating the evidentiary record, preparing a Local Civil Rule 56.1 opposition, and drafting a brief designed to persuade a court that your case should be decided by a jury. Vexing questions that will be addressed include:
· Deposition excerpts or full transcripts?
· Should there be an additional section in the 56.1 Statement of additional material facts in dispute?
· What are the best practices for citing to the evidentiary record?
· How to minimize the chance that the judge disregards your client's sworn statement under the "sham affidavit" doctrine?
· Do we really need to explain the summary judgment standard to a federal judge?
· Should the memorandum of law have a fact section?
· How are we doing this in 25 pages?
· Are there meaningful differences in summary judgment practice under federal law, the NYSHRL, and the NYCHRL?
· If we have evidence that an employer's reason for an adverse decision is pretextual, will summary judgment be denied?
· Is temporal proximity between protected activity and adverse action sufficient to overcome summary judgment on a retaliation claim?
12:00 PM - 1:30 PM Eastern
Click on the icon next to the date(s) to add to your calendar: 12/2/2021