· 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 CourtListenerSourced 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.