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Miller et al v. Metropolitan Life Insurance Company et al

MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12

3 Cited authorities

  1. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 3,946 times
    Holding that legal issues presented by Rule 12(b) motion are reviewed de novo

  2. Cortlandt St. Recovery Corp. v. Hellas Telecomms.

    790 F.3d 411 (2d Cir. 2015)   Cited 608 times   1 Legal Analyses
    Holding that the "jurisdictional issue must be resolved before the merits issue"

  3. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss