LAW 607 Lecture Notes - Lecture 35: Subject-Matter Jurisdiction
1 Jun 2020
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Other challenges to ambiguous or objectionable complaints: other provisions in fed. If a claim is truly too vague to allow the party to frame an answer, the party usually simply moves to dismiss under rule 12(b)(6) for failure to state a claim: rule 12(f) motion to strike: fed. However, if the party served with the pleading faces a considerable burden responding to the immaterial information, the court may order the extra material to be stricken: dismissing portions of complaint: fed. P. 12(f) may also be used to dismiss some, but not all, of the counts in a complaint. Page 1 of 4 not allow a rule 12(b)(6) motion to be used in these situations. In these courts, the rule 12(f) motion can be used to strike the improper counts: example: p sues d for unfair competition and negligent infliction of emotional distress. Although governing law recognizes unfair competition, it does not recognize negligent infliction.
