Allan Applestein Ttee Fbo D.C.A. Grantor Trust v. The Province of Buenos Aires, Docket No. 04-3288-Cv

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• demonstrating that a lack of capacity is non-jurisdictional by permitting the defense to be waived
• finding that the “assertion of a party’s incapacity to sue should fall within the class of threshold defenses—issues that must be raised and disposed of at the outset of the suit”
• “a party’s incapacity to sue ‘should fall within class of “threshold defenses”—issues that must be raised and disposed of at the outset of the suit,’” quoting 5A Federal Practice and Procedure, supra, § 1295, at 20

Source: CourtListener parenthetical corpus (CC0).