A wholesaler sued a retailer in a federal court in State A. The retailer timely filed and served a motion to dismiss for lack of subject matter jurisdiction. The court denied this motion. Thereafter, the retailer filed and served his answer. Ten days after serving his answer, the retailer filed an amended answer, raising, for the first time, the defense of lack of personal jurisdiction, which was available when the motion mentioned above was filed. Should the court consider the personal jurisdiction objection? A No, because that defense has been waived. B No, because objections to personal jurisdiction may only be made by making a motion to dismiss before filing an answer. C Yes, because the retailer may serve an amended answer as of right within 21 days after serving his original answer. D Yes, because the amendment relates back to the original answer, thus preserving his right to raise the objection.

Question

Charlie Leblanc

Social Studies

15 March, 02:27

A wholesaler sued a retailer in a federal court in State A. The retailer timely filed and served a motion to dismiss for lack of subject matter jurisdiction. The court denied this motion. Thereafter, the retailer filed and served his answer. Ten days after serving his answer, the retailer filed an amended answer, raising, for the first time, the defense of lack of personal jurisdiction, which was available when the motion mentioned above was filed. Should the court consider the personal jurisdiction objection? A No, because that defense has been waived. B No, because objections to personal jurisdiction may only be made by making a motion to dismiss before filing an answer. C Yes, because the retailer may serve an amended answer as of right within 21 days after serving his original answer. D Yes, because the amendment relates back to the original answer, thus preserving his right to raise the objection.

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Answers (1)

Know the Answer?

Joey Bolton · Answer 1

A No, because that defense has been waived

Explanation:

in legal cases, 'waive' refers to the loss of right that a party has to experience because that party fail to fulfill all of its obligation.

From the case above, the court can choose to not consider the second objection since the retailer fail to:

(i) Raise its pre-answer motion to dismiss under Rule 12 (b);

(ii) moved under Rule 12 (b by the time the second objection was sent.