Hickey v. Metrowest Medical Center

How courts have described this case

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

• failure to state claim not waived if not asserted in answer
• “Although the successful motion to dismiss was the second motion to dismiss filed by [defendant], Rule 12(h) provides exceptions to waiver for the defense of failure to state a claim, see Fed.R.Civ.P. 12(h)(2) . . . . Accordingly, there was no error.

Source: CourtListener parenthetical corpus (CC0).