Mellon Bank, N.A., Indenture Trustee v. Michael J. Ternisky

How courts have described this case

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

• applying Pennsylvania law to hold that where bank held mortgage in due course purchaser could not raise defense of fraud in the inducement
• “Rule 13(a) does not come into play when a defendant files only a motion to dismiss, instead of a pleading.” (citing cases)
• preclusion doctrine “does not come into play when a defendant files only a motion to dismiss, instead of a pleading”
• “[Federal Rule 13(a)] does not come into play when a defendant files only a motion to dismiss, instead of a pleading.”

Source: CourtListener parenthetical corpus (CC0).