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.”
Has Legal Industry Upheaval Changed Your Career Goals?
We'd love to hear your thoughts. Enter for a chance to win a $250 gift card.
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].