Legal Opinion

Kanti A. Patel v. Contemporary Classics of Beverly Hills and Herbert Schachter, Alan Neadle

Court of Appeals for the Second Circuit

Decided August 3, 2001No. Docket 98-9459(L), 99-7489(Con)PublishedCited by 285 opinions

1Opinion of the Court

McLAUGHLIN, Circuit Judge:

“What’s in a name? That which we call a rose By any other name would smell as sweet.” William Shakespeare, Romeo and Juliet, act 2, sc. 2.

In this appeal, we review the decision of the district court to consider a motion expressly made under Fed.R.Civ.P. 12(b)(6) to dismiss despite the fact (according to the plaintiff) that the defendant had already filed a valid answer. Regardless of whether the pleadings were, in fact, closed-a point over which the parties quibble-we conclude that the district court could have considered such an untimely Rule 12(b)(6) pre-answer…

2Cases cited13 opinions

Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
Alvera M. Aldabe v. Charles D. AldabeCourt of Appeals for the Ninth Circuit · 1980
James Stephen Jones v. M.L. Greninger, M.L. Greninger Yolanda Cornelius Ralph FigueroaCourt of Appeals for the Fifth Circuit · 1999
Vicki Westcott, Administratrix of the Estate of Arden Westcott, Deceased v. City of Omaha, a Municipal CorporationCourt of Appeals for the Eighth Circuit · 1990
Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New YorkCourt of Appeals for the Second Circuit · 1994

8 more not listed; retrieve them via the Exa API.

3Cited by285 opinions

Miller v. Wolpoff & Abramson, L.L.P.Court of Appeals for the Second Circuit · 2003
Lynch v. City of New YorkCourt of Appeals for the Second Circuit · 2020
LaFaro v. New York Cardiothoracic Group, PLLCCourt of Appeals for the Second Circuit · 2009
Newton v. City of New YorkDistrict Court, S.D. New York · 2008
City of New York v. Beretta U.S.A. Corp.Court of Appeals for the Second Circuit · 2008

280 more not listed; retrieve them via the Exa API.