The Rule 12(b) Trap: How Federal Judges Erase Cases Before They Begin
Why Rule 12(b) Matters Rule 12(b) of the Federal Rules of Civil Procedure is meant to be simple. It allows a defendant to ask a court to dismiss a complaint before answering it—if the complaint itself is legally defective on its face. Importantly, nothing is proven or disproven in this motion; the court may not [...]
