Bjustrom v. Trust One Mortgage Corp.

How courts have described this case

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

• noting that a defendant can waive or forfeit an insufficiency of service defense
• observing, inter alia, that “simply being on notice of a lawsuit ‘cannot cure an otherwise defective service' ”
• allowing a second 12(b)(6) motion where the new argument was not available at the time of the first motion
• “[I]f a defendant’s mere appearance waived its Rule 12(b)(5) defense, it effectively could never contest the sufficiency of the service of process upon it.”
• “[U]nless the procedural requirements for effective service of process are satisfied, a court lacks authority to exercise personal jurisdiction over the defendant.”
• “If a party files a Rule 12(b) motion to dismiss, it may not subsequently assert any Rule 12(b) defenses that were available when the first Rule 12(b) motion was filed.”

Source: CourtListener parenthetical corpus (CC0).