Legal Opinion

Drewett v. Aetna Casualty & Surety Company

District Court, W.D. Louisiana

Decided October 10, 1975No. Civ. A. 74-806, 750502, 750791 and 750470PublishedCited by 14 opinions

1Opinion of the Court

RULING

NAUMAN, S. SCOTT, District Judge.

Defendants in each of the above actions have moved the Court to strike plaintiffs’ demands for penalties and attorneys fees.

Federal Rules of Civil Procedure, Rule 12(f) provides that the motion to strike is directed toward any insufficient defense or redundant, immaterial, impertinent or scandalous matter. Defendants’ motion to strike herein is directed toward a specific allegation in the complaint; that is, plaintiffs’ demand for penalties and attorneys fees theoretically provided for by Louisiana Revised Statutes 22:658. It is clear that this specific…

2Cases cited1 opinion

  1. Albachten v. CorbettDistrict Court, S.D. California · 1957

3Cited by14 opinions

  1. Fed. Sec. L. Rep. P 98,697 John P. Decker v. Massey-Ferguson, LimitedCourt of Appeals for the Second Circuit · 1982
  2. Pitre v. Opelousas General Hosp.Supreme Court of Louisiana · 1988
  3. West v. HarrisCourt of Appeals for the Fifth Circuit · 1978
  4. Colodny v. Iverson, Yoakum, Papiano & HatchDistrict Court, M.D. Florida · 1993
  5. 3608 Sounds Avenue Condominium Ass'n v. South Carolina InsuranceDistrict Court, D. New Jersey · 1999

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