Appellate Courts Should Defer to District Court's Merits Rulings on Late FRCP 12(b)(6) Motions: Ninth Circuit | Practical Law
In In re Apple iPhone Antitrust Litig., the US Court of Appeals for the Ninth Circuit held that appellate courts generally should defer to a district court's ruling on the merits of a late-filed FRCP 12(b)(6) motion.