Augustus v. Board of Public Instruction
306 F.2d 862 (5th Cir. 1962) Cited 670 timesHolding that "a motion to strike should be granted only when the pleading to be stricken has no possible relation to the controversy."
Ysais v. New Mexico Judicial Standard Com'n
616 F. Supp. 2d 1176 (D.N.M. 2009) Cited 87 timesHolding parties may not use a motion to strike to attack motions, briefs, and memoranda
Friedlander v. Troutman, Sanders, Lockerman
788 F.2d 1500 (11th Cir. 1986) Cited 51 timesAdopting a uniform limitations period for all sections 10(b) and Rule 10b-5 claims
Smith v. Southeastern Stages, Inc.
479 F. Supp. 593 (N.D. Ga. 1977) Cited 31 timesObserving that "affidavits submitted in support of a motion are clearly not within [the pleading] category"
Friedlander v. Troutman, Sanders, Lockerman
595 F. Supp. 1442 (N.D. Ga. 1984) Cited 18 timesApplying O.C.G.A. § 9-3-31
Cherry v. Crow
845 F. Supp. 1520 (M.D. Fla. 1994) Cited 7 timesDenying motion to dismiss breach of contract in in suit brought by inmate against a state corrections contractor, where there was an existing general negligence claim
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 351,086 times 937 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,674 times 2 Legal AnalysesDefining "pleadings" for purposes of the Federal Rules of Civil Procedure