Sunday, April 2, 2017

Trump and Twiqbal

A judge in the Western District of Kentucky largely denied a motion to dismiss in an action for incitement-to-riot against President Trump, brought by three protesters who were assaulted by other attendees at the rally. This is a good example of a court finding a complaint sufficient (although there are good First Amendment arguments that the conclusion is legally wrong). There also is a brief discussion of 12(f) motions to strike, emphasizing how disfavored such motions are and the court's reluctance to "edit" the complaint, including the introductory paragraphs featuring unrelated "rhetorical flourishes."