Motion to dismiss under Rule 12 · Bar Exam · Flashcards

QUESTION

A defendant files a Rule 12(b)(6) motion, which is denied, and then answers, asserting lack of personal jurisdiction. What is the status of the jurisdictional defense?

QUESTION

A complaint alleges only that the defendants 'conspired to restrain trade,' with no facts suggesting an agreement. How should the court rule on a Rule 12(b)(6) motion?

QUESTION

A defendant files a Rule 12(b)(6) motion, which is denied, and then answers, asserting lack of personal jurisdiction. What is the status of the jurisdictional defense?

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