In re Merrill Lynch & Co., Inc. Research Reports Securities Litigation
218 F.R.D. 76 (S.D.N.Y. 2003) Cited 81 times
Granting motion to strike portions of complaint referring to SEC investigations in other litigations involving defendant
G-I Holdings, Inc. v. Baron Budd;
238 F. Supp. 2d 521 (S.D.N.Y. 2002) Cited 72 times
Finding open-ended continuity because “the falsification of affidavits were part of a larger scheme that was part of [a company's] regular course of business”
Morse v. Weingarten
777 F. Supp. 312 (S.D.N.Y. 1991) Cited 57 times
Striking references that were “immaterial and impertinent to the case” because they served “no purpose except to inflame the reader”
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."