Motion To Strike

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

by David J. McMahon | Barger & Wolen on 5/15/2013

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

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

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

by Orrick - Structured Finance Group on 3/13/2013

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

by Richard Hagstrom, Shawn Stuckey | Zelle Hofmann Voelbel & Mason LLP on 3/8/2013

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

by Craig Lockwood, Mary Paterson, Lindsay Rauccio, Karin Sachar | Osler, Hoskin & Harcourt LLP on 2/28/2013

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

by Jacquelyn Ferry | Proskauer - California Employment Law on 2/15/2013

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

by Jason H. Baruch | Trenam Kemker on 2/13/2013

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

by Orrick - Structured Finance Group on 1/11/2013

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

by Mack Sperling | Brooks Pierce on 11/28/2012

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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