Legal Opinion
Carl Thomas Rauch, III v. Day and Night Manufacturing Corporation
Court of Appeals for the Sixth Circuit
Decided May 3, 1978No. 76-1972PublishedCited by 221 opinions
1Opinion of the Court
ENGEL, Circuit Judge.
The single issue in this appeal is whether a district court may sua sponte dismiss a diversity action against defendants for lack of personal jurisdiction over them where the defendants themselves have waived any objection on this account and have acted in the case inconsistently with that defense. We hold that it may not and that the district court here erred in granting relief which the defendants themselves were precluded, under Rule 12, Fed.R.Civ.P., from seeking.
The complaint alleged that on January 6, 1971, plaintiff Carl Thomas Rauch, III and others in his family…
2Cases cited20 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- City of Kenosha v. BrunoSupreme Court of the United States · 1973
- Mitchell v. MaurerSupreme Court of the United States · 1934
- National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
- Goldey v. Morning NewsSupreme Court of the United States · 1895
15 more not listed; retrieve them via the Exa API.
3Cited by221 opinions
- Allen King v. Eric TaylorCourt of Appeals for the Sixth Circuit · 2012
- Regina (Rega) Jablon v. Dean Witter & Co., and Sydney TurnerCourt of Appeals for the Ninth Circuit · 1980
- Friedman v. Estate of PresserCourt of Appeals for the Sixth Circuit · 1991
- John English v. Dennis Dyke Terry Pitcher Pamela Withrow and Linda FlanaganCourt of Appeals for the Sixth Circuit · 1994
- Akron-Canton Regional Airport Authority v. SwinehartOhio Supreme Court · 1980
216 more not listed; retrieve them via the Exa API.