Federal Rule Of Civil Procedure 12(H)(1)

12 Florida cases classified under this topic · sorted by citation count · browse and sort

• Panos Giannakos v. M/V Bravo Trader
  762 F.2d 1295· 5th Cir.· 1985-06-17 ·cited 33×
  The court held that a district court cannot enforce a settlement agreement if it lacks subject matter jurisdiction over the underlying dispute, as jurisdiction cannot be conferred by the parties' consent or conduct.
• Rowley v. Honorable James B. McMILLAN
  502 F.2d 1326· 4th Cir.· 1974-07-26 ·cited 28×
  The court held that official immunity does not apply to suits for injunctive relief and that the federal defendants waived their objection to personal jurisdiction. The court also found that the district court did not err in granting a preliminary injunction or in ordering discov
• Glater v. ELI Lilly & Co.
  712 F.2d 735· 1st Cir.· 1983-07-27 ·cited 15×
  The court held that the defendant did not waive its right to raise the personal jurisdiction defense, and the pendency of a class action did not preclude dismissal. The court deferred final decision pending the Supreme Court's ruling in a related case.
• Sundstrand Corp. v. Standard Kollsman Indus., Inc.
  488 F.2d 807· 7th Cir.· 1973-10-18 ·cited 14×
  The court held that the trial judge erred in limiting the scope of the complaint and in dismissing Huarisa's counterclaim without a hearing on damages. A new trial is ordered for the fraud claim, and the counterclaim is remanded for a damages assessment.
• Gray v. Michael T. O'Brien & the Sugarloaf Mountain Corp.
  777 F.2d 864· 1st Cir.· 1985-12-03 ·cited 8×
  The court held that the plaintiff failed to establish personal jurisdiction over the defendant under the Massachusetts long-arm statute because the injury did not arise from the defendant's transaction of business in Massachusetts.
• Konigsberg v. Shute
  435 F.2d 551· 3d Cir.· 1970-12-22 ·cited 8×
  A defendant waives the right to assert lack of personal jurisdiction or insufficiency of process if the defense is not raised by motion or in the initial responsive pleading or an amendment made as a matter of course.
• Mitchell v. Boyd Hobbs
  951 F.2d 417· 1st Cir.· 1991-12-04 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the postjudgment motion to vacate the consent judgment because the appellant failed to demonstrate extraordinary circumstances justifying a delayed appeal and waived the defense of insufficient service
• C.P. Motion, Inc. v. Aetna Life Ins.
  268 F. Supp. 2d 1346· S.D. Fla.· 2003-05-14 ·cited 2×
  The court held that the plaintiff failed to properly allege exhaustion of administrative remedies under ERISA and failed to properly effectuate service of process.
• Creech v. Oral Roberts
  908 F.2d 75· 6th Cir.· 1990-07-13 ·cited 2×
  Defendants waived the defense of personal jurisdiction by failing to seek dismissal in a timely fashion, and should not be allowed to raise it after an adverse liability determination.
• Tuuci Worldwide, LLC v. S. Frankford & Sons, Inc.
  S.D. Fla.· 2023-08-15
  A Florida company that manufactures patio umbrellas sued a Pennsylvania corporation for trade dress infringement, trademark infringement, and unfair competition, alleging the defendant copied its distinctive umbrella design and trade dress. The court denied the defendant's motion
• Plain Bay Sales, LLC v. Gallaher
  S.D. Fla.· 2020-03-02
  The court held that certain counts of the Second Amended Complaint were insufficiently pleaded and dismissed them, while denying the motion to strike claims for lost profits.
• Pilgrim Badge & Label Corp. v. Barrios
  857 F.2d 1· 1st Cir.· 1988-09-08
  The court held that the defendant waived the defense of lack of personal jurisdiction by failing to raise it in his initial motion to dismiss, and the district court erred in sua sponte dismissing the action on that ground.