Gunder v. New York Times Co.
United States District Court for the Southern District of New York
37 F.Supp. 911 (1941)
Relevant factsFree
Gunder (plaintiff) sued the New York Times (defendant) for libel, and after the Times answered with several affirmative defenses, Gunder moved to strike those defenses as legally insufficient; the Times opposed, arguing instead that Gunder's original complaint itself was legally insufficient.
IssueFree
Whether, under the Federal Rules of Civil Procedure, a plaintiff's motion to strike the defendant's answer on the ground that it is legally insufficient allows the defendant to challenge the sufficiency of the original complaint.
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