Motion To Strike

News & Analysis as of

Executing Noriega?

As some of you may recall, I posted about a lawsuit Manuel Noriega brought against purveyors of the Call of Duty video game franchise arising from his depiction in the game. In essence, I suggested that Noriega’s lawsuit was...more

Fast Five: Rhode Island Appellate Practice - July 2014

With the dog days of summer upon us, the Rhode Island Supreme Court has concluded its Spring 2014 term, leaving practitioners with new guidance on a variety of trial and appellate practice issues. In one of its last...more

The Class Action Chronicle - Summer 2014

In This Issue: - Avoiding Class Certification Through an Offer of Judgment - CLASS CERTIFICATION DECISIONS: ..Decisions Granting Motions to Strike ..Decisions Denying Motions to Strike...more

Board Continues to Defer Decisions on Motion to Strike

Board Continues to Defer Decisions on Motion to Strike - In Distinctive Developments, Ltd. Uniloc USA, Inc., IPR2013-00391, Paper 26, (May 29, 2014), the Board denied patent owner a motion to strike...more

Court Strikes Class Action Allegations Citing Individualized Causation Issues

A Pennsylvania federal district court granted defendant CitiMortgage’s motion to strike class allegations under Rule 23(d)(1)(D), because it was clear from the complaint that plaintiffs could not meet the requirements for...more

More on What to do when a Reply Exceeds its Proper Scope

In Texas Instruments Incorporated, v. Unifi Scientific Batteries, LLC, IPR2013-00213, Paper 27 (April 17, 2014), the Board said that a motion to strike is not, ordinarily, a proper mechanism for raising the issue of whether a...more

Motions to Strike Aren’t Necessary (or Are They)?

In Apple Inc. v. SightSound Technologies LLC, CBM2013-00023, Paper 61 (April 2, 2014) the Board denied patent owner’s request for permission to file a motio to strike the Petitioner’s reply for new arguments not responsive to...more

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of...

A motion to strike under California’s anti-SLAPP statute was filed in response to a lawsuit initiated by beneficiaries against a trustee and executor of an estate. The United States Court of Appeals for the Ninth Circuit...more

Appellate Court Notes - Week of December 13

AC34918 - Cuozzo v. Orange - AC34918 Dissent - Cuozzo v. Orange - This is a case where a little more effort should have gone into a Motion to Dismiss. The Appellate Court held that the Trial Court improperly...more

Class Action Chronicle - Winter 2013

"In This Issue: - Courts Weighs in on Ascertainability - CLASS CERTIFICATION DECISIONS: ..Decision Granting Motion to Strike ..Decisions Denying Motions to Strike ..Decisions Rejecting/Denying...more

The Crown Succeeds On A Motion To Strike A Portion Of The Taxpayer’s Pleading: Golini V. The Queen

In Paul C. Golini v. The Queen (2013 TCC 293) the Tax Court of Canada agreed to strike out portions of a taxpayer’s pleading suggesting that a protective reassessment issued by the Canada Revenue Agency (“CRA”) was...more

Daubert Motion to Strike Expert Testimony Denied Where Lump Sum Royalty Was Not Improperly Based on Total Market Value of Accused...

In this patent infringement action, the patent owner sought a reasonable royalty in the form of a lump sum payment. HTC filed a Daubert motion to exclude the expert's opinion on the ground that the lump sum royalty...more

Second District Approves Use of Anti-SLAPP Motion to Pare Causes of Action

Division Four of the Second District Court of Appeal issued a significant opinion affecting anti-SLAPP motions last Friday. A trial court, in ruling on an anti-SLAPP motion, may excise portions of a cause of action,...more

Experts In Patent Cases: Getting The Most Out Of Your Star Witness

In This Issue: - Introduction - Selecting the Right Expert(s) ..The Testifying Expert ..Non-Testifying “Supporting” Experts - Fed. R. Civ. 26 Rules Governing Interactions Between Counsel and Experts ...more

Frivolous Arguments Lead To Sanctions And Attorney Fee Award Against Defendant And His Law Firm

After protracted litigation in a probate matter was resolved in his favor, the trustee of an estate sued a trust beneficiary and his law firm for malicious prosecution. The defendants made a special motion to strike under the...more

Sanctions Are Issued Where Court Determines That Special Motion To Strike Was Filed For Improper Purpose

In Kleveland v. Siegel & Wolensky LLP, 2013 DAR 4961(2013) the California Courts of Appeal for the Fourth Appellate District affirmed the denial of a special motion to strike and the award of costs and attorney fees as...more

Sexual Assault Victim’s Motion To Strike Supervisor’s Defamation Claim Was Properly Granted

Lisa Aber sued her employer and two co-employees (Michael Comstock, Aber’s supervisor, and James Cioppa) for sexual harassment and sexual battery, among other things. Comstock filed a cross-complaint against Aber in which he...more

Washington State Court Strikes Jury Demands in RMBS Case

On March 7, Judge Laura Inveen of the King County Superior Court in Washington State granted the motion to strike jury demands filed by defendants in 11 RMBS actions brought by the Federal Home Loan Bank of Seattle. ...more

Novel Approach To Opposing Class Certification Rejected

Originally published in Competition Law360 on March 7, 2013. Current and former student-athletes are one step closer to forcing the National Collegiate Athletic Association and its member institutions to share their...more

Conflicting Results from Ontario Appellate Courts in Motions to Strike Claims in Proposed Class Actions

Ontario’s appellate courts have released two decisions in the past week addressing the issue of when claims ought to be struck in the context of proposed class proceedings for failing to disclose a cause of action. First, a...more

Sexual Harassment Complaints Are Subject To Anti-SLAPP Motions To Strike

Plaintiff Lisa Aber sued her employer and two of its employees, alleging that the employees had sexually assaulted her. Michael Comstock, one of the employee defendants, filed a cross-complaint against Aber, alleging claims...more

Court May Not Strike Plaintiff’s Voluntary Dismissal Unless Plaintiff Obtained Affirmative Relief – PINO V. THE BANK OF NEW YORK

In this contentious foreclosure case, the lender filed multiple complaints that allegedly attached an inauthentic mortgage and assignment. After receiving a sanctions motion by defense counsel, the lender dismissed the...more

Ally Financial’s Motions to Dismiss FHFA Claims Granted in Part

On December 19, 2012, Judge Denise Cote of the federal district court for the Southern District of New York decided motions to dismiss FHFA’s action against Ally Financial and underwriters of Residential Capital securities....more

The Fourth Circuit Says Don't Do This

In a case decided last week, McKenzie v. Hall, the Fourth Circuit sent a clear message that it does not tolerate Motions to Strike. The Appellants had filed such a Motion to strike portions of an adversary's brief which they...more

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