Topic: although the defense of lack of capacity is not expressly m… · Go Syfert
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Topic #2319

3 canonical passages across 3 cases, quoted by 12 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 Klebanow v. New York Produce Exchange.

#Case FlagCanonical passage Citers
1 Klebanow v. New York Produce Exchange Anchor
ca2 · 1965
green “although the defense of lack of capacity is not expressly mentioned in ule 12(b), the practice has grown up of examining it by a 12(b)(6) motion when the defect appears upon the face of the complaint.” 5
2 Coates v. Brazoria County Texas
txsd · 2012
green “whether a party has the capacity to sue or be sued is a legal question that may be decided at the rule 12 stage.” 4
3 Roberts v. Benoit
la · 1992
green “to meet the cause-in-fact element, a plaintiff must prove only that the conduct was a necessary antecedent of the accident, that is, but for the defendant's conduct, the incident probably would not have occurred.” 3

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