The Federal Rules of Civil Procedure (FRCP) govern civil procedure (i.e. forcivil lawsuits) in United States district (federal) courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body.
Posts about 12(B)(6)
  • Goodbye, Ruby Sands….

    … of the kind of cut-and-paste pleading practices that Rule 12(b)(6) was meant to address. Repeatedly including phrases irreconcilable with the ’633 Patent not only renders Ruby Sands’ indirect infringement allegations implausible, but it also alerts the Court to the lack of care with which Ruby Sands drafted and filed its pleadings. That Ruby Sands…

    Stacy Stitham/ Brann & Isaacson- 11 readers -
  • Birthright Citizenship in a Lone Star State of Mind

    …. immigration law and practice – areas solely within the authority of the federal government. In its defense, Texas has sought 12(b)(6) dismissal for failure to state a claim for which relief may be granted. Of course, the old rebel yell of “Sovereign Immunity!” permeates Defendants’ response. https://www.documentcloud.org/documents/2178325-motion-to-dismiss…

    Prince Law Offices, P.C.- 17 readers -
  • Second Foreclosure Case and Quiet Title Action

    … The Court dismissed the homeowner's "quiet title" action in which he sought to obtain a court order determining that the mortgage was no longer enforceable after the dismissal of the foreclosure case as more than the fiver year period had passed. The Court dismissed the homeowner's quiet title action pursuant to Fed. R. Civ. Pro. 12(b)(6), holding…

    Jordan Bublick/ Miami Bankruptcy Law Blog- 30 readers -
  • Alice Needs A Judicial Visa To Enter East Texas

    … East Texas continues to stand out among federal judicial districts for its (contrarian) approach to patent cases. Where the judges in other judicial districts have found the Supreme Court opinion in Alice v. CLS Bank a useful tool to use early in cases to weed out patents that shouldn’t have been granted—you can see a list of examples from last…

    David Swetnam Burland/ Brann & Isaacson- 18 readers -
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14th Amendment 177 1999 American Inventors Protection Act 35 U.S.C. Section 285 35 Usc 101 37 Cfr Section 11.101 37 Cfr Section 11.107 473 Mass. 336 950 Aaron Grunberger Aba Model Rule 1.1 Aba Rule 1.7 Alice V. Cls Bank Attorneys Fees Australia Bosch Brann Brann, Peter Brian Yates Charles Tadlock Claim Construction Competence Concurrent Conflicts Of Interest Conflicts Of Interest Constitutional Law Dell Inc. District Court Litigation District Judge Gilstrap Docket Control Order Duty Of Candor To Tribunal Duty Of Competence Duty To Communicate With Client Duty To Non Client Duty To Tribunal Eastern District Of Texas Ethical Duty To Client Ethical Duty To Opposing Counsel Exceptional Case Halo V. Pulse Immigration Law Intellectual Property Ip Litigation Sanctions Ip Malpractice Ip Video Surveillance Ip Wise Iris Connex Llc Jeffrey S. Ginsberg Judge Rodney Gilstrap Kenyon Kenyon Law360 Legal Malpractice Lien Litigation Ethics Magistrate Judge Roy Payne Maling V. Finnegan Henderson Mortgage Foreclosure New York Non Practicing Entity Npe Octane Fitness Patent Conflicts Of Interest Patent Ethics Patent Infringement Patent Investing Patent Litigation Ethics Patent Litigation Sanctions Patent Malpractice Patent Prosecution Patent Prosecution Malpractice Patent Subject Matter Conflicts Patent Term Patent Troll Patentable Subject Matter Portus Portus Singapore Pte. Ltd. Q Patents Rule 11 Seagate Smart Home Stitham, Stacy Stone Age Subject Matter Conflicts Supreme Court Swetnam Burland, David Texas U.S. Patent No. 6 Wells Fargo Bank Willful Infringement