Topic: while motions to strike are generally disfavored, the decis… · Go Syfert
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Topic #8188

8 canonical passages across 5 cases, quoted by 44 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Scherer v. Dept. of Education.

#Case FlagCanonical passage Citers
1 Scherer v. Dept. of Education Anchor
ca10 · 2003
green “while motions to strike are generally disfavored, the decision to grant a motion to strike is within the discretion of the court.” 9
2 Friends of Santa Fe County v. LAC Minerals, Inc.
nmd · 1995
green “the court must be convinced that there are no questions of fact, that any questions of law are clear and not in dispute, and that under no set of circumstances could the defenses succeed.” 8
3 Ysais v. NEW MEXICO, JUDICIAL STANDARD COM'N
nmd · 2009
green “the exception to this principle is that a court may 'choose to strike a filing that is not allowed by local rule, such as a surreply filed without leave of court.” 7
4 Ysais v. NEW MEXICO, JUDICIAL STANDARD COM'N
nmd · 2009
green “the federal rules of civil procedure define 'pleadings' as a complaint or third-party complaint; an answer to a complaint, a third-party complaint, a counterclaim, or a crossclaim; and, 'if the court orders one, a reply to an answer.” 7
5 Friends of Santa Fe County v. LAC Minerals, Inc.
nmd · 1995
green “must be convinced that there are no questions of fact, that any questions of law are clear and not in dispute, and that under no set of circumstances could the defenses succeed.” 4
6 Daniel D. Padilla v. Lynn Jorgensen, Warden, Utah State Prison
ca10 · 1992
green “generally ... motions, briefs, and memoranda may not be attacked by a motion to strike.” 3
7 Lane v. Page
· 2011
green “devoid of factual allegations and asserted improper defenses.” 3
8 Lane v. Page
· 2011
green “not require them to provide factual support for their affirmative defenses” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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