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In a federal lawsuit, the plaintiff, a resident of State X, files a complaint against the defendant, a corporation based in State Y, in a

In a federal lawsuit, the plaintiff, a resident of State X, files a complaint against the defendant, a corporation based in State Y, in a federal district court in State X. The complaint alleges breach of a sales contract. The defendant identifies two primary issues with the complaint: (i) the sales contract specified that any disputes must be litigated in State Y, and (2) the complaint fails to allege essential terms of the contract, rendering the claim for breach vague. Which of the following motions should the defendant prioritize in its initial Rule 12 response?

  • A. A Rule 12(b)(3) motion to dismiss for improper venue, citing the contractual agreement to litigate disputes in State Y.
  • B. A Rule 12(b)(6) motion to dismiss for failure to state a claim, due to the lack of allegations regarding essential contract terms.
  • C. A Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction, arguing that the case does not present a federal question nor involve diversity of citizenship.
  • D. A Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction, because the defendant is based in State Y and the contract was likely formed there.

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