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· 2/15/1991

Trustees of Central Laborers' Welfare Fund v. Keith and Dennis Lowery, Individually and Doing Business as Lowery Brothers Construction Co.

Citations

  • 924 F.2d 731
  • 19 Fed. R. Serv. 3d 296
  • 1991 U.S. App. LEXIS 2271
  • 1991 WL 17047

How courts have described this case

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

  • observing that “[a] party may waive a defense of insufficiency of process by failing to assert it seasonably”
  • indicating that such a defense should be promptly asserted to eliminate harmful delay and waste of judicial resources
  • finding forfeiture after defendants moved to vacated default judgment entered against them six years earlier
  • noting that courts have recognized “privileged defenses referred to in Rule 12(h)(1
  • defense of insufficiency of process waived if not asserted prior to defendant’s formal submission to cause
  • “Just as a defendant may waive a defense of improper service under Rule 12(b)(5

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Cummings, Flaum, Per Curiam

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.