Wes Collins from Harvell & Collins discussed the significance of dispositive motions in litigation, explaining their role in potentially resolving cases before they proceed to trial. He highlighted two main types of dispositive motions: 12b motions, which can lead to dismissals based on procedural grounds, and summary judgment motions, which consider evidence beyond the pleadings. Collins also shared insights from recent cases, illustrating the complexities and preparation required to effectively navigate these legal challenges.

Dispositive Motions

• Dispositive motions are critical in litigation as they can dispose of a case. Proper preparation is essential to present evidence and law effectively to avoid case dismissal. [01:00]

• Two main types of dispositive motions discussed:

  • 12(b) Motions: These include motions to dismiss for failure to join a necessary party or lack of jurisdiction. [02:00]

  • 12(b)(6) Motions: This refers to a failure to state a claim upon which relief can be granted, focusing on the pleadings without considering external evidence. [03:00]

  • Summary Judgment (Rule 56): This involves looking at evidence outside the pleadings to determine if there is a genuine issue of material fact. [04:00]

Case Examples

• A case involving a mother, daughter, and son where the son challenges a power of attorney signed by the mother, alleging lack of capacity and undue influence. Wes represented the daughter and mother, arguing that the son lacked standing to bring the suit. [05:00]

• The son could only challenge the power of attorney if he became the mother's guardian or after her passing if he was a beneficiary under her estate. [06:00]

Legal Precedents

• Mention of Horry v. Woodbury and Olshner cases, which clarify the rights of beneficiaries in estate matters. [07:00]

• Discussion of a new Supreme Court case from 2021, Cummings, which changes the landscape regarding buyer responsibilities in real estate transactions. [08:00]

Real Estate Disclosure

• The importance of the residential property disclosure statement in real estate transactions, emphasizing the principle of "caveat emptor" (buyer beware). [09:00]

• A case where clients faced significant undisclosed issues after purchasing a home, leading to extensive repair costs. [10:00]

Legal Strategy and Preparation

• The necessity for lawyers to prepare thoroughly for dispositive motions, including understanding relevant case law and being ready for various outcomes. [11:00]

• The challenges of managing multiple cases and the time constraints faced by attorneys in court settings. [12:00]