Ariel Cudkowicz Quoted in Employment Law360
“Top Five Employment Motions and How to Win Them”

Ariel Cudkowicz was quoted in the February 17, 2010 Employment Law360 article, “Top Five Employment Motions and How to Win Them.” The article discussed key motions in employment cases and included attorneys’ strategies for bringing home a win.

According to the article, jurors usually favor the plaintiffs’ side in employment cases. Ariel noted that part of the reason is that most employment cases are decided on summary judgment, which is “essentially won or lost at discovery.” He pointed out that defense counsel, therefore, should go into discovery with a clear plan for how to get the evidence they need for judgment, tailored to the specific facts of the case.

Ariel commented that while historically defense counsel have simply responded to a plaintiff's motion for certification, it is becoming more common for the defense to launch a kind of pre-emptive strike by moving to deny class certification before the plaintiff's counsel has filed its motion. He noted that being first out of the box to frame the class issues can give the defense a leg up in situations where there is strong evidence against certification. He further noted that although it is not a motion he would file in every case, it is something he thinks about in every case. “If you've got the right set of facts, why wouldn't you want to take the lead?”