1E9Ct5D

partial dismissal under F.R.C.P. 12(b) and its state equivalents. At the very least, sucha motion will cause the other side to show more of its cards early in the process andcould buy you valuable time to get your legal house in order. As catastrophic litigationproceeds further, motions for partial summary judgment brought under F.R.C.P. 56 arealso helpful to streamline litigation or get a better handle on plaintiffs’ claims andsupporting evidence.VII.DEALING WITH CONGRESSCongressional investigations often parallel catastrophic litigation. Hopefully, yourcompany will never face such an investigation, but if it is caught up in a situation thathas gotten Congress’ attention, the following discussion will provide insight.Responding to a Congressional investigation must be considered as important, if notmore so, than any “bet-the-company” litigation. Given the pitfalls and collateral impacts,assembling a team that can implement a successful damage control strategy will helpyou live to fight another day. The mine case was the “next big thing” to dominate newsheadlines at that time, and it set off a veritable “feeding frenzy” in Washington. Everyfew months, a dramatic scandal or disaster triggers new investigations by Congress.Before and since, we have witnessed high-profile investigations involving federalcontractors, steroids in baseball, Toyota vehicle safety, Wall Street bonuses, the BP oilspill, and the VA hospital operations.