Program Details
2026-11-18 12:00:00
Over 1,000+ webinars
Course Overview
2026-11-18 12:00:00
2h CLE Credits
Intermediate
2
12:00 pm - 1:00 pm ESTThis session gives trial attorneys a strategic framework for winning, and defeating, summary-judgment motions in federal court. Attorneys will learn when to file and when to wait, how to frame the dispositive issues so the court sees the case their way, and how to build a statement of undisputed facts that does the persuasive work. The session also covers how to structure the opposition brief, how to use the record and the standard of review, and where evidentiary objections under Rule 56(c)(2) fit into the larger plan. Attendees will leave with practical drafting techniques for writing summary-judgment briefs that are clear, credible, and persuasive, and that hold up on appeal.
Ryan McCarl 1:10 pm - 2:10 pm ESTSummary judgment review is de novo, but de novo is not a fresh start. The court of appeals reviews the judgment, not the district court’s reasoning, and an appellee may defend the judgment on any ground the record supports. That rule can rescue a win or bury a loss, and the lesson runs both ways: prevailing parties should build and brief every alternative ground so the judgment stands on more than one leg, and losing parties must answer every ground raised in the motion, not just the one the court adopted. The session also covers the standard of review for evidence rulings, preservation after Dupree v. Younger, expert and sham-affidavit challenges under amended FRE 702, and harmless error. It targets litigators who brief and argue summary-judgment appeals and trial lawyers who want their wins to hold up.
Tim KowalTim Kowal is the founder of Kowal Law Group and a Certified Appellate Specialist (State Bar of California Board of Legal Specialization). His practice covers both trial and appellate litigation, from dispositive motions, evidentiary hearings, and trials through posttrial motions, writs, and appeals in state and federal courts. His trial and appellate wins total more than $60 million. Because he works on both sides of the trial–appeal divide, building the record in the trial court and then defending or attacking it on review, he is especially well positioned to show how a summary judgment motion should be built from the first filing so it wins in the trial court and holds up on appeal.
Ryan McCarl is a co-founder of Rushing McCarl LLP in Santa Monica, California, where he handles complex business litigation, written advocacy, and motion practice at trial and on appeal. He is the author of Elegant Legal Writing (University of California Press, 2024), a book on persuasive brief writing praised by judges and practitioners. With multiple eight-figure jury verdicts, a federal appellate clerkship, and years of teaching advanced legal writing, he is well suited to explain how to write summary judgment papers that persuade the trial judge and keep the record sound for appeal.
Tim Kowal is the founder of Kowal Law Group and a Certified Appellate Specialist (State Bar of California Board of Legal Specialization). His practice covers both trial and appellate litigation, from dispositive motions, evidentiary hearings, and trials through posttrial motions, writs, and appeals in state and federal courts. His trial and appellate wins total more than $60 million. Because he works on both sides of the trial–appeal divide, building the record in the trial court and then defending or attacking it on review, he is especially well positioned to show how a summary judgment motion should be built from the first filing so it wins in the trial court and holds up on appeal.
Ryan McCarl is a co-founder of Rushing McCarl LLP in Santa Monica, California, where he handles complex business litigation, written advocacy, and motion practice at trial and on appeal. He is the author of Elegant Legal Writing (University of California Press, 2024), a book on persuasive brief writing praised by judges and practitioners. With multiple eight-figure jury verdicts, a federal appellate clerkship, and years of teaching advanced legal writing, he is well suited to explain how to write summary judgment papers that persuade the trial judge and keep the record sound for appeal.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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