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Source Personal Jurisdiction Complete Delaware Bar Exam Topic Index List Matched to this deck.

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A federal defendant first moves to dismiss for failure to state a claim and omits personal jurisdiction. After losing that motion, the defendant moves to dismiss for lack of personal jurisdiction. What is the likely result?

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The defendant can raise personal jurisdiction only if subject-matter jurisdiction is also absent. The defendant likely waived the personal-jurisdiction defense by omitting it from the first Rule 12 motion. The defendant may raise personal jurisdiction at any time, even after trial. The defendant preserved personal jurisdiction by denying liability on the merits.

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