If I had to rank motions I dislike the most, Rule 12, that motion to strike has got to be up there. And I would say, scandalous or impertinent matters in your pleadings are really the standard. We shouldn’t be striking a class action complaint at this stage, with no discovery and without determining whether the viability of the class action can develop.
— At the recent Miami Law Class Action & Complex Litigation Forum, Judge Rodolfo A. Ruiz II explained to a room of attorneys the exact kind of motions that piss him off. Judge Roy K. Altman agreed, saying, “I don’t think I’ve ever granted one.”
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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].