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Frivolous and Bad Faith Claims: Defense Strategies in ...

Procedure 12(b) (Rule 12(b)(6)). While frivolity and bad faith are not themselves specified grounds for dismissal of claims under Rule 12(b), frivolous or bad faith claims may be susceptible to challenge under Rule 12(b)(6) for failure to state a claim on which relief can be granted, or under Rule 12(b)(1) for lack of subject matter jurisdiction.

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