credit: sabelskaya/ Adobe Stock Striking Improper Use of Settlement Communication
This article focuses on 'My Mavens v. Grubhub' and discusses how courts are unlikely to allow parties to base their allegations in a pleading on information they learned during settlement discussions, even if the information could later be obtained through discovery.
October 16, 2023 at 12:00 PM
8 minute read
Rule 12(f) of the Federal Rules of Civil Procedure provides that a court "may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter." Notwithstanding Rule 12(f)'s language, the U.S. Court of Appeals for the Second Circuit has cautioned that "courts should not tamper with the pleadings unless there is a strong reason for doing so," and has denied motions to strike pursuant to Rule 12(f) based on assertions that the allegations are "impertinent" or "immaterial". Lipsky v. Commonwealth United, 551 F.2d 887, 893 (2d Cir. 1976).
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