CIT Denies Motion to Strike Parts of Complaint in Negligence Action
The U.S. Court of International Trade in a Sept. 20 order denied a motion from John Liu and GL Paper Distribution, defendants in a Section 592 penalty case, to strike a portion of the complaint. Liu had moved to strike…
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elements of the complaint he deemed to not be relevant to the imports at issue. Judge Jane Restani ruled that striking these parts of the complaint would be "premature," since the matter of relevancy is a "question of evidence" and not meant to be subject to a motion to strike. Liu also said that because the contested elements of the complaint are "irrelevant," they are prejudicial and could mislead. However, Restani ruled that if Liu is not involved with the companies he says are irrelevant to the case, then this should be proven through evidence and not excluded through a motion to strike.