Tag Archives: Articles

Using a Rule 12(f) Motion to Strike Class Allegations in the Ninth Circuit: The Aftermath of Whittlestone

Last year, the Ninth Circuit curtailed the use of Rule 12(f) motions to strike in a case of first impression called Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970 (9th Cir. 2010). The narrow holding of Whittlestone is that “Rule 12(f) does not authorize district courts to strike claims for damages on the ground that … Continue Reading

The California Court Of Appeal Disagrees With The U.S. Supreme Court On The Enforceability Of Arbitration Agreements

In Sanchez v. Valencia Holding Company, LLC, — Cal.Rptr.3d —-, 2011 WL 5027488 (Cal.App. 2 Dist. Oct. 24, 2011), the California Court of Appeal attempts an end run around the U.S. Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011). In Concepcion, the Supreme Court found that the Federal Arbitration … Continue Reading
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