Also known as: scandals · scandalous · scandalous matter
Written by attorneys · grounded in primary & secondary sources — see below
Disgraceful or defamatory matter that is offensive to decency or good manners and unnecessary to the issues in a proceeding or publication.
Santiago Sanchez filed a complaint against Sterling Dynamics alleging breach of contract but included paragraphs detailing the defendant's CEO's personal affairs unrelated to the transaction. Sterling Dynamics moved under the applicable rule to strike those paragraphs as scandalous. The court granted the motion and removed the offending material from the pleading before any response was due.
Steven Silva, a research scientist, sued Senator Scott Summers after the senator's newsletter labeled Silva's federally funded work as wasteful and implied personal misconduct. Summers defended on speech grounds tied to his official duties. The court examined whether the statements exceeded protected legislative functions and exposed Silva to public disgrace without necessity.
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Sophia Singh published a weekly paper accusing local officials of corruption and moral failings with detailed but unproven claims. The state sought to enjoin future issues as a public nuisance. The court assessed whether the publication's scandalous content justified prior restraint or whether ordinary defamation remedies sufficed.
Sean Steele, a city commissioner, sued a newspaper over an ad implying he engaged in scandalous conduct during a police investigation. The paper asserted First Amendment protections for criticism of public officials. The court weighed whether actual malice was required before liability could attach to the scandalous imputations.
Seth Shapiro, a local attorney not involved in public affairs, sued a magazine for an article accusing him of scandalous professional misconduct. The publication argued for heightened fault standards. The court determined that private plaintiffs need only prove negligence to recover for the disgraceful falsehoods.
Sapphire Technologies challenged the structure of an accounting oversight board created after major corporate scandals. The firm argued the appointment mechanism violated separation of powers. The court evaluated whether the board's regulatory powers over scandal-tainted audits remained constitutionally valid under executive control.
A court may strike scandalous matter on its own initiative or on a party's timely motion. The material must be both offensive and irrelevant to the cause of action. Scandalous allegations that charge unnecessary crimes or moral failings may be removed even if they appear in an otherwise proper pleading.
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A partnership agreement may authorize expulsion for conduct that subjects the firm to public scandal. Courts examine whether the conduct produced concrete interference such as canceled contracts or withdrawn sponsorships. Mixed commercial results do not necessarily negate scandal if third parties have already distanced themselves from the business.
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A trustee may petition for court-approved resignation when a scandal undermines the trust's effectiveness. The court focuses on protecting trust assets and beneficiaries rather than punishing the trustee. Conditions may be imposed on the transfer to a successor to safeguard ongoing administration.
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All qualified beneficiaries may petition for removal when scandals create a substantial change that threatens trust assets. The court must find that removal serves all beneficiaries, is consistent with trust purposes, and that a suitable successor exists. Unanimous beneficiary consent alone does not automatically compel removal without these additional findings.
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…punishable by a $5,000 fine and five years in prison, "if any person shall write, print, utter or publish . . . any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress. . . , or the President. . . , with intent to defame . . . or to bring them,…