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Tag Archives: motion to strike

Banks & Banking – Tort/Negligence – Business Judgment Rule – Ordinary Negligence – Civil Practice – Motion to Strike – Affirmative Defense – Failure to Mitigate Damages (access required)

Federal Deposit Insurance Corp. v. Willetts This court previously denied defendants’ motion to dismiss based on its determination that, should defendants’ actions be determined to fall beyond the scope of the business judgment rule, they will be judged against an ordinary prudent person standard. The court stands by its ruling.

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Civil Practice – Pleadings – Motion to Strike – 89-Page Reply (access required)

Fountain v. Fountain Powerboats, Inc. Plaintiff’s 89-page reply to defendant’s counterclaim includes only one defense: unclean hands. The court grants defendant’s motion to strike from the reply material related to non-parties, self-promotional statements, references to past and pending litigation involving non-parties to this suit, self-serving and irrelevant metaphors and analogies, statements apparently intended to frustrate defendant’s current operations and to promote plaintiff’s new business, unnecessary name calling, and statements that are otherwise immaterial, impertinent, and redundant.

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Criminal Practice – Evidence – Expert’s Testimony -Motion to Strike – Untimely (access required)

State v. McCain Where defense counsel learned of the "objectionable nature" of the state's expert witness' testing procedure just before trial, defendant's motion to strike the expert's testimony was untimely since defense counsel did not move to strike until after the expert and the next witness finished testifying, defendant moved to suppress physical evidence, and the trial court denied the motion to suppress. We find no error in defendant's conviction of possession of cocaine.

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