Swearingen v. Honeywell, Inc.

How courts have described this case

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

• determining plaintiff satisfactorily had alleged the deceased beneficiary may have qualified as a participant under the ERISA plan; thus, holding plaintiff had standing to pursue claims under ERISA as beneficiary.
• noting Rule 12(h)(2) “permits the court to consider a defense of failure to state a claim upon which relief can be granted within a Rule 12(c) motion” and treating defendant’s Rule 12(b)(6) motion as “submitted under Rule 12(c)” (quotation cleaned up)
• “Technically, it is impermissible under the Federal Rules to submit an answer and thereafter file a Rule 12(b)(6) motion to dismiss.”

Source: CourtListener parenthetical corpus (CC0).