holding that, although Rule 12(b) motions are not generally intended to address the merits of affirmative defenses, in the limited circumstances when the complaint gives rise to one, the defense may be raised under Rule 12(b), as long as it appears clearly on the face of the complaint
Summary of this case from Digital Technologies, Inc. v. U.S.No. 91-1652.
June 1, 1992.
C.A. 1st Cir. Certiorari denied. Reported below: 971 F. 2d 744.
holding that, although Rule 12(b) motions are not generally intended to address the merits of affirmative defenses, in the limited circumstances when the complaint gives rise to one, the defense may be raised under Rule 12(b), as long as it appears clearly on the face of the complaint
Summary of this case from Digital Technologies, Inc. v. U.S.extending rule of Lewis v. Faulkner to all pro se litigants
Summary of this case from Runnels v. Armstrong World Industries, Inc.leaving the issue of whether an expert's testimony was or was not speculative to the trier of fact not an abuse of discretion
Summary of this case from Citizens for a Better Enviro. v. CaterpillarFull title:DIAZ REYES ET AL. v. UNITED STATES
Court:U.S.
Date published: Jun 1, 1992
E.g., United States v. Panet-Collazo, 960 F.2d 256, 260 (1st Cir.), cert. denied sub nom. Diaz v. United…
Rand v. RowlandWith a similar goal of clarity, the Seventh Circuit has held that the notice must include "both the text of…