green
Positive treatment
Circuit Split
Quoted verbatim 8×
18.1 score
G Cite
cited 2× by 1 distinct case, last quoted 2000 ·
…a motion to strike an affirmative defense under rule 12(f), fed.r.civ.p. for legal insufficiency is not favored.
⚠ not in text
cited 2× by 1 distinct case ·
…in fundincourt cases, because of the potential for conflicts of interest between the attorneys seeking compensation and their clients, the trial court has an independent duty to scrutinize fee applications.
⚠ not in text
cited 2× by 1 distinct case, last quoted 1990 ·
…motion to strike for insufficiency was never intended to furnish an opportunity for the determination of disputed and substantial questions of law
⚠ not in text
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
examined
Cited "but see"
Robinson v. City of Edmond
(4×)
But cf. Cunningham v. City of McKeesport, 753 F.2d 262, 267 (3d Cir.1985) (holding that under the Third Circuit's approach, a district court has no reason to disregard uncontested affidavits filed by the fee applicant when the defendant chose not to put those amounts in controversy), vacated 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986), reinstated after remand, 807 F.2d 49 (3d Cir.1986).
discussed
Cited as authority (quoted)
Groq, Inc. v. Groq Health, Inc.
courts should not tamper with the pleadings unless there is a strong reason for so doing
discussed
Cited as authority (quoted)
Jones v. Experian Information Solutions, Inc.
motions to strike are highly disfavored.
discussed
Cited as authority (quoted)
Wertzberger v. Shapiro, Dicaro & Barak, LLC
otions to strike are generally disfavored, even when appropriately applied to the pleadings of a case.
examined
Cited as authority (quoted)
United States ex rel. Keshner v. Nursing Personnel Home Care
in fundincourt cases, because of the potential for conflicts of interest between the 11 attorneys seeking compensation and their clients, the trial court has an 12 independent duty to scrutinize fee applications.
examined
Cited as authority (quoted)
United States ex rel. Keshner v. Nursing Personnel Home Care
(2×)
in fundincourt cases, because of the potential for conflicts of interest between the attorneys seeking compensation and their clients, the trial court has an independent duty to scrutinize fee applications.
examined
Cited as authority (quoted)
Godson v. Eltman, Eltman & Cooper, P.C.
a motion to strike an affirmative defense under rule 12(f) ... for legal insufficiency is not favored and will not be granted 'unless it appears to a certainty that plaintiffs would succeed despite any state of the facts which could be proved in support of the defense.
examined
Cited as authority (quoted)
Etienne v. Wal-Mart Stores, Inc.
(2×)
a motion to strike an affirmative defense under rule 12(f), fed.r.civ.p. for legal insufficiency is not favored.
examined
Cited as authority (quoted)
United States v. Local 1804-1, International Longshoremen's Ass'n
(2×)
motion to strike for insufficiency was never intended to furnish an opportunity for the determination of disputed and substantial questions of law
discussed
Cited as authority (rule)
Harry E. Fleischhauer v. C. Elvin Feltner, Jr.
See also Freschi v. Grand Coal Venture, 767 F.2d 1041 (2d Cir.1985); vacated, 478 U.S. 1015 , 106 S..Ct. 3325, 92 L.Ed.2d 731 , on remand, 800 F.2d 305 , reconsidered, 806 F.2d 17 (Supreme Court remanded to determine tax question in light of Randall and Sedima).
cited
Cited "see"
405 Sullivan Avenue Industrial LLC v. Kuhns Family Properties, LLC
Conn. 2008); see Salcer v. Envicon Equities Corp., 744 F.2d 935, 939 (2d Cir. 1984), vacated on other grounds, 478 U.S. 1015 (1986)).
discussed
Cited "see"
Trickel v. Discount Gold Brokers, Inc.
(2×)
The district court cannot “decrease a fee award based on factors not raised at all by the adverse party.” /d. at 720; see Cunningham v. City of McKeesport, 753 F.2d 262, 267 (3d Cir.1985), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 , reinstated, 807 F.2d 49 (3d Cir.1986), cert. denied, 481 U.S. 1049 , 107 S.Ct. 2179 , 95 L.Ed.2d 836 (1987).
cited
Cited "see"
INTL FCStone Markets, LLC v. Intercambio Mexicano de Comercio S.A. de C.V.
See Salcer v. Envicon Equities Corp., 744 F.2d 935, 939 (2d Cir. 1984), vacated on other grounds, 478 U.S. 1015 (1986).
discussed
Cited "see"
Seippel v. Jenkens & Gilchrist, P.C.
(2×)
See Salcer v. Envicon Equities Corp., 744 F.2d 935, 939 (2d Cir.1984), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986). 152 .
discussed
Cited "see"
Jordan v. CCH, INC.
(2×)
See United States v. Eleven Vehicles, 200 F.3d 203, 211-212 (3d Cir.2000) (citing Cunningham v. City of McKeesport, 753 F.2d 262, 266 (3d Cir.1985), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986), and reinstated, 807 F.2d 49 (3d Cir.1986)).
discussed
Cited "see"
Berke, et al. v. Presstek, et al.
See Freschi v. Grand Coal Venture, 767 F.2d 1041, 1048 (2d Cir. 1985) ("Any reasonable investor would be interested in knowing that the SEC was concerned about possible fraud in connection with a securities offering which the offeror himself described as 'basically similar' to the one under consideration for investment."), vacated on other grounds, 478 U.S. 1015 (1986); modified in other respects on remand, 800 F.2d 305 (2d Cir. 1986), modified in other respects, 806 F.2d 17 (2d Cir. 1986); New Equity Sec.
discussed
Cited "see"
Becker v. ARCO Chemical Co.
(2×)
See id. (“[A] court may not sua sponte reduce the amount of the award when the defendant has not specifically taken issue with the amount of time spent or the billing rate, either by filing affidavits, or, in most cases, by raising arguments with specificity and clarity in briefs (or answering motion papers).”) (clarifying Cunningham v. City of McKeesport, 753 F.2d 262, 265-66 (3d Cir. 1985), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986)).
discussed
Cited "see"
Byas v. New York City Department of Correction
(2×)
See Salcer v. Envicon Equities Corp., 744 F.2d 935 , 939 (2d Cir.1984), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986); SEC v. Thrasher, No. 92 Civ. 6987, 1995 WL 456402 , at *4 (S.D.N.Y.
discussed
Cited "see"
Tobin v. Haverford School
(2×)
See id. (“[A] court may not sua sponte reduce the amount of the award when the defendant has not specifically taken issue with the amount of time spent or the billing rate, either by filing affidavits, or, in most cases, by raising arguments with specificity and clarity in briefs (or answering motion papers).”) (clarifying Cunningham v. City of McKeesport, 758 F.2d 262, 265-66 (3d Cir.1985), vacated on other grounds, 478 U.S. 1015, 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986)).
discussed
Cited "see"
Arndt v. Hanna (In Re Hanna)
(2×)
See Freschi v. Grand Coal Venture, 767 F.2d 1041, 1047-48 (2d Cir.1985), vacated on other grounds, 478 U.S. 1015, 106 S.Ct. 3325 , 92 L.Ed.2d 731 , modified, 800 F.2d 305 . and amended on reh’g, 806 F.2d 17 (2d Cir.1986).
discussed
Cited "see"
Bolden v. Southeastern Pennsylvania Transportation Authority
(2×)
The district court cannot “decrease a fee award based on factors not raised at all by the adverse party.” Id. at 720 ; see Cunningham v. City of McKeesport, 753 F.2d 262, 267 (3d Cir.1985) [vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 ], Rode, 892 F.2d at 1183 (citations omitted).
discussed
Cited "see"
Arndt v. Hanna (In Re Hanna)
(2×)
See Freschi v. Grand Coal Venture, 767 F.2d 1041, 1050 (2d Cir.1985) (listing elements of fraud and noting that they were analyzed under plaintiffs 10b-5 claim thus “it would be repetitious ... to engage in separate discussion [in context of common law fraud]”), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3325 , 92 L.Ed.2d 731 , modified, 800 F.2d 305 , and amended on reh’g, 806 F.2d 17 (2d Cir.1986).
discussed
Cited "see"
Investigation & Determination of an Appropriate Unit & Exclusive Representative Hill-Murray Federation of Teachers, St. Paul v. Hill-Murray High School, Maplewood
(2×)
See State v. Sports and Health Club, Inc., 370 N.W.2d 844, 850 (Minn.1985) appeal dismissed, 478 U.S. 1015 , 106 S.Ct. 3315 , 92 L.Ed.2d 730 (1986).
discussed
Cited "see"
Barkanic v. General Administration of Civil Aviation of the People's Republic of China
(2×)
See Salcer v. Envicon Equities Corp., 744 F.2d 935, 941 (2d Cir.1984), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986).
discussed
Cited "see"
Louise Agnes Barkanic v. General Administration Of Civil Aviation Of The People's Republic Of China
(2×)
See Salcer v. Envicon Equities Corp., 744 F.2d 935, 941 (2d Cir.1984), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986).
discussed
Cited "see"
Griffin v. McNiff
(2×)
Accord Freschi v. Grand Coal Venture, 767 F.2d 1041 , 1046 n. 7 (2d Cir.1985), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3325 , 92 L.Ed.2d 731 (1986); Bender v. Rocky Mountain Drilling Associates, 648 F.Supp. 330, 334-35 (D.D.C.1986).
discussed
Cited "see"
Joy Manufacturing Corp. v. Pullman-Peabody Co.
(2×)
The district court cannot “decrease a fee award based on factors not raised at all by the adverse party.” Id. at 720 ; see Cunningham v. City of McKeesport, 753 F.2d 262, 267 (3d Cir.1985), vacated on other grounds, 478 U.S. 1015 [ 106 S.Ct. 3324 , 92 L.Ed.2d 731 ] (1986).
discussed
Cited "see"
Rode v. Dellarciprete
(2×)
The district court cannot “decrease a fee award based on factors not raised at all by the adverse party.” Id. at 720 ; see Cunningham v. City of McKeesport, 753 F.2d 262, 267 (3d Cir.1985), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 , reinstated, 807 F.2d 49 (3d Cir.1986), cert. denied, 481 U.S. 1049 , 107 S.Ct. 2179 , 95 L.Ed.2d 836 (1987).
discussed
Cited "see"
Rode v. Dellarciprete
(2×)
The district court cannot "decrease a fee award based on factors not raised at all by the adverse party." Id. at 720 ; see Cunningham v. City of McKeesport, 753 F.2d 262, 267 (3d Cir.1985), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 , reinstated, 807 F.2d 49 (3d Cir.1986), cert. denied, 481 U.S. 1049 , 107 S.Ct. 2179 , 95 L.Ed.2d 836 (1987).
discussed
Cited "see"
Northeast Women's Center v. McMonagle
(2×)
See Cunningham v. City of McKeesport, 753 F.2d 262, 268 (3d Cir.1985) (“Cunningham I”), vacated and remanded, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986), reinstated, 807 F.2d 49 (3d Cir.1986), cert. denied, 481 U.S. 1049 , 107 S.Ct. 2179 , 95 L.Ed.2d 836 (1987).
discussed
Cited "see"
Northeast Women's Center v. Mcmonagle
(2×)
See Cunningham v. City of McKeesport, 753 F.2d 262, 268 (3d Cir.1985) ("Cunningham I "), vacated and remanded, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986), reinstated, 807 F.2d 49 (3d Cir.1986), cert. denied, 481 U.S. 1049 , 107 S.Ct. 2179 , 95 L.Ed.2d 836 (1987). 28 Our decision in Cunningham I to reverse and remand for recalculation of the fee was itself vacated and remanded by the Supreme Court for reconsideration in light of City of Riverside.
discussed
Cited "see"
Joyce C. Bell v. United Princeton Properties, Inc.
(2×)
See 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986).
discussed
Cited "see"
Bell v. United Princeton Properties, Inc.
(2×)
See 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986).
discussed
Cited "see"
Student Public Interest Research Group v. Monsanto Co.
(2×)
See Cunningham v. City of McKeesport, 753 F.2d 262 (3d Cir.1985), vacated and remanded on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986), original decision reinstated 807 F.2d 49 (3d Cir.1986), cert. denied, 481 U.S. 1049 , 107 S.Ct. 2179 , 95 L.Ed.2d 836 (1987). 2.
discussed
Cited "see"
Daggett, George T. v. Kimmelman, Irwin I., Etc., Forsythe, Edwin B., and Cross-Appellees v. Kean, Thomas H., Etc., James J. Florio, Defendants-Intervenors, Carmen A. Orechio and Alan J. Karcher, Defendants-Intervenors-Appellees and Cross-Appellants
Accord Cunningham v. City of McKeesport, 753 F.2d 262, 269 (3d Cir.1985), vacated and remanded, --- U.S. ----, 106 S.Ct. 3324 , 92 L.Ed.2d 731 , reinstated, 807 F.2d 49 (3d Cir.1986); In re Fine Paper Antitrust Litig., 751 F.2d at 596 .
discussed
Cited "see"
Daggett v. Kimmelman
Accord Cunningham v. City of McKeesport, 753 F.2d 262, 269 (3d Cir. 1985), vacated and remanded, — U.S. —, 106 S.Ct. 3324 , 92 L.Ed.2d 731 , reinstated, 807 F.2d 49 (3d Cir.1986); In re Fine Paper Antitrust Litig., 751 F.2d at 596 .
discussed
Cited "see"
Harvey Culp, Jr. v. North Carolina Prison Department
See Haygood v. Younger, 769 F.2d 1350 (9th Cir.1985), cert. denied, --- U.S. ----, 54 U.S.L.W. 3866 (June 24, 1986). 6 Because we cannot find "beyond doubt" and under any "arguable" construction, "both in law and in fact", of the substance of Culp's claims, that he would not be entitled to relief, see Boyce v. Alizaduh, 595 F.2d 948 (4th Cir.1979), we vacate the district court's dismissal and remand the case for further proceedings.
discussed
Cited "see"
DuPont v. Brady
(2×)
See Freschi v. Grand Coal Ventures, 767 F.2d 1041,1050 (2d Cir.1985), vacated on other grounds, — U.S. -, 106 S.Ct. 3325 , 92 L.Ed.2d 731 (1986); see also Kountze v. Kennedy, 147 N.Y. 124, 129 , 41 N.E. 414, 414 (1895) (misjudgment, however gross, is not fraud; misrepresentation, when believing it to be true, is not fraud); Burgundy Basin Inn, Ltd. v. Watkins Grand Prix Corp., 51 A.D.2d 140, 145-46 , 379 N.Y.S.2d 873, 878-80 (1976) (allegations of negligent misrepresentations as to future events will not sustain action for fraud).
discussed
Cited "see, e.g."
Tucker v. American International Group, Inc.
(2×)
See also Salcer v. Envicon Equities Corp., 744 F.2d 935, 938 (2d Cir.1984) (motion to strike “for legal insufficiency is not favored”), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986); Schramm v. Krischell, 84 F.R.D. 294, 299 (D.Conn.1979) (“[i]f there is any doubt as to the possibility of relevance, a judge should err on the side of denying a Rule 12(f) motion”); Hathaway Motors, Inc. v. Gen.
discussed
Cited "see, e.g."
Gill v. Arab Bank, PLC
(2×)
See, e.g., Salcer v. Envicon Equities Corp., 744 F.2d 935, 939 (2d Cir.1984), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986).
discussed
Cited "see, e.g."
Gill v. Arab Bank, PLC
(2×)
See, e.g., Salcer v. Envicon Equities Corp., 744 F.2d 935, 939 (2d Cir.1984), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986).
examined
Cited "see, e.g."
United States v. Philip A. Giordano
(4×)
See also Freschi v. Grand Coal Venture, 767 F.2d 1041, 1048 (2d Cir.) (holding without discussion that a telephone network is an “instrumentality of interstate commerce” for purposes of Exchange Act § 10(b), 15 U.S.C. § 78j), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3325 , 92 L.Ed.2d 731 (1986). 7 We see no reason why the result should be different here.
discussed
Cited "see, e.g."
Interfaith Community Organization v. Honeywell International, Inc.
(2×)
See Alan Hirsch & Diane Sheehey, Federal Judicial Center, Awarding Attorneys’ Fees & Managing Fee Litigation 20 (1994); compare Cunningham v. City of McKeesport, 753 F.2d 262, 268 (3d Cir.1985) (adopting firm’s regular billing of $100 per hour for purposes of lodestar calculation), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986), original decision reinstated, 807 F.2d 49 (3d Cir.1986), cert. denied, 481 U.S. 1049 , 107 S.Ct. 2179 , 95 L.Ed.2d 836 (1987) with Student Pub.
discussed
Cited "see, e.g."
Doyaga v. Schretter (In re Smith)
(2×)
See also Freschi v. Grand Coal Venture, 767 F.2d 1041, 1047 (2d Cir.1985), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3325 , 92 L.Ed.2d 731 (1986) (Stating that satisfaction of the plaintiffs inquiry may involve a “rather painstaking investigation.”).
discussed
Cited "see, e.g."
Public Interest Research Group Of New Jersey, Inc. v. Sheila E. Windall
(2×)
See Alan Hirsch & Diane Sheehey, Federal Judicial Center, Awarding Attorneys' Fees & Managing Fee Litigation 20 (1994); compare Cunningham v. City of McKeesport, 753 F.2d 262, 268 (3d Cir.1985) (adopting firm's regular billing of $100 per hour for purposes of lodestar calculation), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986), original decision reinstated, 807 F.2d 49 (3d Cir.1986), cert. denied, 481 U.S. 1049 , 107 S.Ct. 2179 , 95 L.Ed.2d 836 (1987) with SPIRG, 842 F.2d at 1443-45 (rejecting approach of adopting attorneys' actual billing rates for more flex…
discussed
Cited "see, e.g."
Public Interest Research Group of New Jersey, Inc. v. Windall
(2×)
See Alan Hirsch & Diane Sheehey, Federal Judicial Center, Awarding Attorneys’ Fees & Managing Fee Litigation 20 (1994); compare Cunningham v. City of McKeesport, 753 F.2d 262, 268 (3d Cir.1985) (adopting firm’s regular billing of $100 per hour for purposes of lodestar calculation), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3324 , 92 L.Ed.2d 731 (1986), original decision reinstated, 807 F.2d 49 (3d Cir.1986), cert. denied, 481 U.S. 1049 , 107 S.Ct. 2179 , 95 L.Ed.2d 836 (1987) with SPIRG, 842 F.2d at 1443-45 (rejecting approach of adopting attorneys’ actual billing rates for mor…
discussed
Cited "see, e.g."
Ballan v. Wilfred American Educational Corp.
(2×)
See, e.g., Freschi v. Grand Coal Venture, 767 F.2d 1041, 1049 (2d Cir.1985), vacated on other grounds, 478 U.S. 1015 , 106 S.Ct. 3325 , 92 L.Ed.2d 731 (1986); Denny v. Barber, 576 F.2d 465, 468-69 (2d Cir.1978). 5.
Retrieving the full opinion text from the archive…
Bowsher, Comptroller General of the United States
v.
American Postal Workers Union, AFL-CIO
v.
American Postal Workers Union, AFL-CIO
No. 85-1693.
Supreme Court of the United States.
Jul 7, 1986.
Affirmed on appeal from D. C. D. C.