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WHITTLESTONE, INC. v. HANDI-CRAFT CO.

No. 09-16353.

618 F.3d 970 (2010)

WHITTLESTONE, INC., a California corporation, Plaintiff-Appellant, v. HANDI-CRAFT COMPANY, a Missouri corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2010.

Attorney(s) appearing for the Case

Russell J. Hanlon (argued), San Jose, CA, for plaintiff-appellant Whittlestone, Inc.

Peter W. Herzog (argued) & Michael A. Vitale of Herzog Crebs, LLP, St. Louis, MO; Dean Pollack & Rohit A. Sabnis of Burnham Brown, PLC, Oakland, CA, for defendant-appellee Handi-Craft Company.

Before STEPHEN REINHARDT, WILLIAM A. FLETCHER and N. RANDY SMITH, Circuit Judges.

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...

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