· 5/8/1990
Vicki Westcott, Administratrix of the Estate of Arden Westcott, Deceased v. City of Omaha, a Municipal Corporation
Citations
- 901 F.2d 1486
- 1990 U.S. App. LEXIS 7427
- 1990 WL 58122
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the Eighth Circuit reviews “12(c) motion[s] under the standard that governs 12(b)(6) motions”
- noting that courts review a Rule 12(c) motion under the same standard that governs a Rule 12(b)(6) motion
- analyzing a 12(c) motion to dismiss for failure to state a claim under the 12(b)(6) standard
- noting the “distinction is purely formal” as courts review a Rule 12(c) motion for judgment on the pleadings under the same standard courts consider a Rule 12(b)(6) motion to dismiss
- noting the “distinction is purely formal” as courts review a Rule 12(c) motion for judgment on the pleadings under the same standard courts consider a Rule 12(b)(6) motion to dismiss
- construing the city’s Rule 12(b)(6) motion “as if it had been styled as a 12(c) motion” since “a Rule 12(b)(6) motion cannot be filed after an answer has been submitted”
Source: CourtListener parenthetical corpus (CC0).
Judges: McMillian, Gibson, Bowman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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