Legal Opinion
Whittlestone, Inc. v. Handi-Craft Co.
Court of Appeals for the Ninth Circuit
Decided August 17, 2010No. 09-16353PublishedCited by 738 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
In this case of first impression, we hold that Rule 12(f) of the Federal Rules of Civil Procedure does not authorize a district court to strike a claim for damages on the ground that such damages are precluded as a matter of law. We reverse and remand.
I. Background
In March 2006, Whittlestone (a California corporation with its principal place of business in California) and Handi-Craft (a Missouri corporation with its principal place of business in Missouri) entered into a written, twenty-year contract. In the contract, Handi-Craft was obligated to make minimum…
2Cases cited11 opinions
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- Rutman Wine Company v. E. & J. Gallo WineryCourt of Appeals for the Ninth Circuit · 1987
- San Pedro Hotel Co., Inc., a California Corporation John Fentis, as Trustee for the Fentis Family Marital Trust B John M. Fentis, an Individual Pearle Fentis, an Individual Maria C. Fentis, an Individual John Fentis, as Trustee for the Fentis Family Survivor's Trust v. City of Los Angeles, a California Municipal Corporation Rudy Svorinich, Jr., an Individual, San Pedro Hotel Co., Inc., a California Corporation John Fentis, as Trustee for the Fentis Family Marital Trust B as Trustee for the Fentis Family Survivor's Trust, and as an Individual: Pearle Fentis Maria C. Fentis v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 1998
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3Cited by738 opinions
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- Republic of Ecuador v. Douglas MacKayCourt of Appeals for the Ninth Circuit · 2014
- In re Nexus 6P Prods. Liab. Litig.District Court, N.D. California · 2018
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