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· 11/13/2014

Sivetts v. Board of County Commissioners

Citations

  • 771 F.3d 697
  • 23 Wage & Hour Cas.2d (BNA) 1359
  • 90 Fed. R. Serv. 3d 26
  • 2014 U.S. App. LEXIS 21831
  • 2014 WL 6057216

How courts have described this case

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

  • holding that “any procedural error that may have been committed would be harmless and does not prevent us from reaching the merits of the district court’s decision”
  • concluding any error by district court in considering the defendant’s second motion to dismiss was harmless because the same argument could have been presented in a motion for judgment on the pleadings
  • explaining that a defendant does not waive an insufficient-service defense by asserting it in a motion to dismiss before filing a responsive pleading
  • explaining that a defendant does not waive an insufficient-service defense by asserting it in a motion to dismiss be- fore filing a responsive pleading
  • finding that defendant could have presented Rule 12(b)(6) argument in Rule 12(c) motion
  • finding that a plaintiff’s request for leave to file an amended complaint, “unsupported by argument or a proposed [] [a]mended [c]omplaint, was insufficient to notify the court and opposing counsel of the grounds for amendment”

Source: CourtListener parenthetical corpus (CC0).

Judges: Holmes, Bacharach, McHugh

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.