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Want To Annoy A Federal Judge? File This Kind Of Motion – Above the Law


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.”




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].