How should legal practitioners approach and defend claims that might seem nebulous or without precedent? This seminar will answer this question by considering cases such as Piatek v. Happiest Hour, a business ejected a patron for wearing a Make America Great Again hat. In that case, the plaintiff argued that the bar had discriminated against him on the basis of his “creed.” We will discuss the arguments made for and against the plaintiff in this case alongside other such cases that raised uncertain and socially contentious claims.

The seminar, open to litigants of all levels, will provide participants different methods of persuasive legal writing and oral advocacy to approach and defend these kinds of cases. In particular, we will discuss how litigants can frame these cases in ways to survive a motion to dismiss. Please note that this seminar will not be a political debate of these issues. Rather, the seminar will prepare litigants with the legal tools, both written and oral, to handle these kinds of cases in both federal and state court.