Wiggins v. Philip Morris, Inc., 1994 U.S. Dist. LEXIS 7084 (D.D.C. 1994). · Go Syfert
Wiggins v. Philip Morris, Inc., 1994 U.S. Dist. LEXIS 7084 (D.D.C. 1994). Cases Citing This Book View Copy Cite
“f allegations -7- in a complaint are irrelevant and prejudicial to the defendant, a motion to strike will be granted”
26 citation events (26 in the last 25 years) across 2 distinct courts.
Strongest positive: Nugent v. Unum Life Insurance Company of America (dcd, 2010-11-24)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 19 distinct citers.
discussed Cited as authority (verbatim quote) Nugent v. Unum Life Insurance Company of America
D.D.C. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence high
f allegations in a complaint are irrelevant and prejudicial to the defendant, a motion to strike will be granted
discussed Cited as authority (verbatim quote) Uzlyan v. Solis (2×) also: Cited as authority (rule)
D.D.C. · 2010 · quote attribution · 1 verbatim quote · confidence high
f allegations -7- in a complaint are irrelevant and prejudicial to the defendant, a motion to strike will be granted
discussed Cited as authority (rule) Khan v. Department of Homeland Security (Dhs)
D.D.C. · 2024 · confidence medium
Although mo- tions to strike are generally disfavored, “if allegations in a complaint are irrelevant and prejudicial to the defendant, a motion to strike will be granted.” Wiggins v. Philip Morris, Inc., 853 F. Supp. 457, 457 (D.D.C. 1994).
discussed Cited as authority (rule) Parlatore v. Montalvo
D.D.C. · 2023 · confidence medium
Motions to strike pursuant to Rule 12(f) are “‘disfavored’ by the federal courts.” Campaign Legal Ctr. v. Iowa Values, 573 F. Supp. 3d 243 , 252 (D.D.C. 2021) (quoting Wiggins v. Philip Morris, Inc., 853 F. Supp. 457, 457 (D.D.C. 1994)).
discussed Cited as authority (rule) Khan v. Department of Homeland Security (Dhs) (2×)
D.D.C. · 2023 · confidence medium
Although motions to strike are generally disfavored, “if alle- gations in a complaint are irrelevant and prejudicial to the defendant, a motion to strike will be granted.” Wiggins v. Philip Morris, Inc., 853 F. Supp. 457, 457 (D.D.C. 1994).
discussed Cited as authority (rule) Estate of Amer Fakhoury v. Islamic Republic of Iran
D.D.C. · 2022 · confidence medium
Compl. at 1–2 (arguing that GDGS’s motion waived both GDGS’s and Lebanon’s sovereign immunity). 12 Rule 12(f) provides that a court “may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” “A court has broad discretion in ruling on a motion to strike,” Uzlyan v. Solis, 706 F. Supp. 2d 44, 51 (D.D.C. 2010), and “motions to strike are particularly ‘disfavored’ by the federal courts,” Campaign Legal Ctr. v. Iowa Values, 573 F. Supp. 3d 243 , 252 (D.D.C. 2021) (quoting Wiggins v. Philip Morris, Inc., 853 F. Supp. 457, 457 (D.D.C. 1994…
cited Cited as authority (rule) Campaign Legal Center v. Iowa Values
D.D.C. · 2021 · confidence medium
Wiggins v. Philip Morris, Inc., 853 F. Supp. 457, 457 (D.D.C. 1994).
discussed Cited as authority (rule) Hardy v. United States
Fed. Cl. · 2021 · confidence medium
Co., 961 F.2d 654 , 664-65 (7th Cir. 1992) (affirming court’s decision to strike allegations that “defendants intentionally caused [a] salmonella outbreak . . . or allowed it to continue in order to consummate a fraudulent scheme”); Collura v. City of Philadelphia, 590 F. App’x 180 , 185 & n.7 (3d Cir. 2014) (affirming court’s decision to strike allegations employing “abusive language and ad hominem attacks,” including referring to certain defendants as “creeps” and “scumbags”); Atraqchi v. Williams, 220 F.R.D. 1, 3 (D.D.C. 2004) (striking allegations regarding a “world…
discussed Cited as authority (rule) Jackson v. Starbucks Corporation
D.D.C. · 2020 · confidence medium
The court found that these allegations were “simply irrelevant as to Plaintiff’s civil rights causes of action against [defendant]” because they were not directed at a party in the suit and were therefore “irrelevant and prejudicial.” 853 F. Supp. 457, 457-8 (D.D.C. 1994).
cited Cited as authority (rule) Dentons US LLP v. Republic of Guinea
D.D.C. · 2016 · confidence medium
But, if the challenged allegations are both “irrelevant and prejudicial to the defendant, a motion to strike will be granted.” Wiggins v. Philip Morris, Inc. 853 F.Supp. 457, 457 (D.D.C.1994).
discussed Cited as authority (rule) Uzlyan v. Solis (2×)
D.D.C. · 2010 · confidence medium
LEXIS 9487 , at *7; Wiggins v. Philip Morris, Inc., 853 F.Supp. 457, 457 (D.D.C.1994) (“[I]f allegations in a complaint are irrelevant and prejudicial to the defendant, a motion to strike will be granted”).
cited Cited as authority (rule) Nwachukwu v. Rooney
D.D.C. · 2005 · confidence medium
Jan. 7, 2000); e.g., Wiggins v. Philip Morris, Inc., 853 F.Supp. 457, 458 (D.D.C.1994) (Lamberth, J.); see also 5A Fed.
cited Cited as authority (rule) Aftergood v. Central Intelligence Agency
D.D.C. · 2005 · confidence medium
Jan. 6, 2000); e.g., Wiggins v. Philip Morris, Inc., 853 F.Supp. 457, 458 (D.D.C.1994); see also 5A Fed.
cited Cited as authority (rule) Judicial Watch, Inc. v. United States Department of Commerce
D.D.C. · 2004 · confidence medium
Co., 80 F.3d 954, 962 (4th Cir.1996); Wiggins v. Philip Morris, Inc., 853 F.Supp. 457, 457 (D.D.C.1994) (“Generally, motions to strike are disfavored by federal courts.
cited Cited as authority (rule) Nwachukwu v. Karl
D.D.C. · 2003 · confidence medium
Jan. 7, 2000); e.g., Wiggins v. Philip Morris, Inc., 853 F.Supp. 457, 458 (D.D.C.1994) (Lamberth, J.); see also 5A Fed.
discussed Cited "see" Crawford v. Sessions
D.D.C. · 2019 · signal: see · confidence high
See Wiggins v. Philip Morris, Inc., 853 F. Supp. 457 , 457–58 (D.D.C. 1994) (striking allegations of “illicit drug usage” by employee of Defendant because of irrelevance to racial-discrimination claim).
cited Cited "see, e.g." Cannady v. State of Maryland
D.D.C. · 2020 · signal: see also · confidence medium
Jan. 6, 2000); see also Wiggins v. Phillip Morris, Inc., 853 F. Supp. 457, 457 (D.D.C. 1994).
cited Cited "see, e.g." Smith v. Washington Post Company
D.D.C. · 2013 · signal: see also · confidence medium
See also Wiggins v. Philip Morris, Inc., 853 F.Supp. 457, 458 (D.D.C.1994).
discussed Cited "see, e.g." Nugent v. Unum Life Insurance Co. of America
D.D.C. · 2010 · signal: see also · confidence medium
Jan. 6, 2000)); see also Wiggins v. Philip Morris, Inc., 853 F.Supp. 457, 457 (D.D.C.1994) (“[I]f allegations in a complaint are irrelevant and prejudicial to the defendant, a motion to strike will be granted”). *52 III.
James R. WIGGINS, Jr., Plaintiff,
v.
PHILIP MORRIS, INC., and Kenneth Nedimyer, Defendants
Civ. A. 92-0493 (RCL).
District Court, District of Columbia.
May 13, 1994.
1994 U.S. Dist. LEXIS 7084
John C. LaPrade, Washington, DC, Frazier Walton, Jr., Alexandria, VA, for plaintiff., Hadrian Katz, Erica Frohman Plave, Arnold & Porter, Washington, DC, for defendants.
Lamberth.
Cited by 19 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #40,648 of 633,719
Citer courts: District of Columbia (2)

MEMORANDUM OPINION AND ORDER

LAMBERTH, District Judge.

This matter comes before the court on defendant Philip Morris, Inc.’s motion to strike portions of plaintiffs complaint. Upon consideration of defendant’s motion and plaintiffs opposition thereto, defendants’ motion will be granted.

Rule 12(f) of the Federal Rules of Civil Procedure permits a court to “order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed.R.Civ.P. 12(f). Defendants contend that this court should strike paragraphs 24, 42, and 45 of plaintiffs complaint. In these paragraphs, plaintiff suggests that a Philip Morris employee — and former supervisor of plaintiff — was engaged in the use of controlled substances. These paragraphs portray a supervisor angered by his subordinate’s knowledge of his drug use, leading to plaintiffs eventual termination from Philip Morris.

As plaintiff clarifies in his opposition to defendant’s motion to strike, plaintiff argues that these allegations of “illicit drug usage by a Phillip Morris [sic] employee ... provide a grounds for that employee’s racial animus and malice and intent in connection with Plaintiffs claims herein.” Plf.’s Opp’n Def.’s Mot. to Strike at ¶ 7. Defendants object to the assertions made in these paragraphs as immaterial, impertinent, and scandalous.

Generally, motions to strike are disfavored by federal courts. However, if allegations in a complaint are irrelevant and prejudicial to the defendant, a motion to strike will be granted. See Todhunter, Mandara, & Assocs. v. I.C.C.I. (Holdings) Pty. Ltd., C.A. No. 88-3031, 1991 WL 166585 (D.D.C. Aug. 14, 1991) (Lamberth, J.).

Despite this high standard for prevailing on a motion to strike, this court finds that defendants have met this burden with respect to paragraphs 24, 42, and 45. See Stabilisierungsfonds Fur Wein v. Kaiser Stuhl Wine Distributors Pty. Ltd., 647 F.2d[*458] 200, 201 (D.C.Cir.1981) (stating that “motions to strike, as a general rule, are disfavored”) (citing 5 Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 1380, at 647-49 (1969)).

Plaintiffs allegations at issue fail to support plaintiffs legal claims against either defendant in this case. [1] Indeed, these allegations cut against any liability of Philip Morris. Instead of providing a basis for a racially motivated termination, these allegations portray a renegade employee — not a party to this lawsuit — on a mission to tortiously interfere with plaintiffs employment because of the potential to divulge that renegade employee’s secret affinity for narcotics. The allegations which plaintiff presents in paragraphs 24, 42, and 45 are simply irrelevant as to plaintiffs civil rights causes of action against Philip Morris. [2]

Since the court concludes that these allegations are irrelevant to this case and prejudicial to defendants, defendant Philip Morris, Inc.’s motion to strike the impertinent and scandalous allegations contained in paragraphs 24, 42, and 45 is GRANTED. The Clerk is hereby directed to strike paragraphs 24,42, and 45 from the complaint in this case.

1

. These facts could be relevant to a claim for tortious interference with contract as to this particular employee; however, this supervisor is not a party to this lawsuit. Even if his actions are attributable to Philip Morris, no cause of action exists. Philip Morris cannot be held liable for tortious interference with a contract to which it is a party.

2

. These allegations are also completely irrelevant as they pertain to defendant Nedimyer.