Kanti A. Patel v. Contemporary Classics of Beverly Hills and Herbert Schachter, Alan Neadle

How courts have described this case

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

• holding that “a motion to dismiss for failure to state a claim (or one of the other non-waivable defenses under Rule 12(h)) that is styled as arising under Rule 12(b
• explaining that “the defense of failure to state a claim is not waivable” and is “preserved from the waiver mechanism in Rule 12(h)”
• explaining that “the defense of failure to state a claim is not waivable” and is “preserved from the waiver mechanism in Rule 12(h)”
• stating that the standards for motions under Rules 12(b)(6) and 12(c) are “identical”
• finding that “a motion to dismiss for failure to state a claim . . . that is styled as arising under Rule 12(b) but is filed after the close of the pleadings[] should be construed by the district court as a motion for judgment on the pleadings under Rule 12(c
• “We now accept the overwhelming weight of authority that a motion to dismiss for failure to state a claim … that is styled as arising under Rule 12(b

Source: CourtListener parenthetical corpus (CC0).