stating that a party may raise a defense of failure to state a claim upon which relief can be granted, even though not raised in an earlier motion to dismiss in one of three ways: in an answer, in a motion for judgment on the pleadings, or at trial on the merits
Summary of this case from Birkenbach v. Nat'l Gypsum Co.No. 92-4121
October 27, 1993, Filed
AFFIRMED
stating that a party may raise a defense of failure to state a claim upon which relief can be granted, even though not raised in an earlier motion to dismiss in one of three ways: in an answer, in a motion for judgment on the pleadings, or at trial on the merits
Summary of this case from Birkenbach v. Nat'l Gypsum Co.explaining that “Rule 12(h) ... precludes the filing of a second 12(b) motion to dismiss after an initial motion to dismiss”
Summary of this case from Bac Home Loans Servicing LP v. Fall Oaks Farm LLCFull title:GREGORY P. NOBLE, SR., Petitioner-Appellant, v. REGINALD WILKINSON…
Court:United States Court of Appeals for the Sixth Circuit
Date published: Oct 27, 1993
Other panels have approached the waiver-of-counsel issue by omitting discussion of the standard of review and…
Premier Dealer Servs., Inc. v. Allegiance Adm'rs, LLCPremier points out that Rule 12(h)(2) "in setting out the ways in which a party may raise a failure to state…