8933 Square Knot Trust v. Bank of New York Mellon

Summary

The court held that NRCP 12(g)(2) barred the respondent from raising a statutory-standing defense for the first time in a successive motion to dismiss on remand, although a subject-matter-jurisdiction challenge could be raised at any time. It further held that the district court retained subject-matter jurisdiction because the complaint sought injunctive relief and alleged more than $15,000 in damages when filed. The dismissal was therefore reversed and the matter remanded.