Topic: in considering a motion to dismiss pursuant to 12(b)(5) for… · Go Syfert
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Topic #12540

3 canonical passages across 3 cases, quoted by 38 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Darden v. Daimlerchrysler North America Holding Corp..

#Case FlagCanonical passage Citers
1 Darden v. Daimlerchrysler North America Holding Corp. Anchor
nysd · 2002
green “in considering a motion to dismiss pursuant to 12(b)(5) for insufficiency of process, a court must look to matters outside the complaint to determine whether it has jurisdiction.” 16
2 Mende v. Milestone Technology, Inc.
nysd · 2003
green “when a defendant raises a rule 12(b)(5) 'challenge to the sufficiency of service of process, the plaintiff bears the burden of proving its adequacy.” 16
3 Soos v. Niagara County
nywd · 2016
green “a rule 12(b)(5) motion is the proper vehicle for challenging the mode of delivery or lack of delivery of the summons and complaint.” 6

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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