Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448 (4th Cir. 2012). · Go Syfert
Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448 (4th Cir. 2012). Cases Citing This Book View Copy Cite
235 citation events (235 in the last 25 years) across 23 distinct courts.
Strongest positive: Delval Equipment Corporation, Inc. v. East Coast Welding and Construction Co., Inc. (mdd, 2022-03-10)
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examined Cited as authority (verbatim quote) Delval Equipment Corporation, Inc. v. East Coast Welding and Construction Co., Inc. (3×) also: Cited as authority (rule), Cited "see, e.g."
D. Maryland · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
he subject matter jurisdiction of a federal court is not generally resolved by concluding that the plaintiff has failed to allege an element of a federal cause of action or that the plaintiff might not be able to prove an element of a federal cause of action.
discussed Cited as authority (verbatim quote) Moss v. Hutchens Law Firm, LLC
D.S.C. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
ubject matter jurisdiction relates to a federal court's power to hear a case . . . and that power is generally conferred by the basic statutory grants of subject matter jurisdiction.
discussed Cited as authority (verbatim quote) Moss v. Stanley
D.S.C. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
ubject matter jurisdiction relates to a federal court's power to hear a case . . . and that power is generally conferred by the basic statutory grants of subject matter jurisdiction.
discussed Cited as authority (verbatim quote) In re the Complaint of Trawler Susan Rose, Inc.
E.D.N.C. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
federal courts, sitting at law, have subject matter jurisdiction to hear and resolve jones act claims under federal question jurisdiction, 28 u.s.c. 1331 .
examined Cited as authority (quoted) State Constr. Corp. v. Slone Assocs., Inc.
D. Maryland · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
deficiencies in the statement of a federal cause of action should normally be addressed by a motion under rules challenging the sufficiency of the complaint or the evidence pleaded to support the complaint, such as authorized by rules 12(b)(6), 12(c), or 56.
cited Cited as authority (rule) Trevor McLafferty v. Shell Energy North America
E.D. La. · 2026 · confidence medium
Ed. 864 (1900). 7 Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012). 8 D'Aquin v. Penske Truck Leasing Co., L.P., No. CV 18-3090, 2018 WL 6067551 , at *2 (E.D.
discussed Cited as authority (rule) Sarah Talbert and James Talbert v. St. Mary’s Medical Center, Inc., Doe Corporations 1-5, Doe Physicians 1-5, Doe N.P’S [sic] 1-5, Doe P.A’S [sic] 1-5, Doe R.N’S [sic], and Doe Employees 1-5
S.D.W. Va · 2025 · confidence medium
“The failure to state the elements of a federal claim can form the basis of a Rule 12(b)(1) motion ‘only when the claim is so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as not to involve a federal controversy.’” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012) (quoting Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 89 (1998)).
discussed Cited as authority (rule) Jareca Talena Sumter, in her official capacity as Executrix of the Kareca Talena Sumter Ecclesiastical Estate Trust, Ambassador Plenipotentiary, Mother of the Minor Beneficiary v. Amanda F. Whittle, in her official capacity, Family Court Judge; O. Perez, in his official and private capacity, Attorney for the Solicitor; Clerk of the Family Court, in her official capacity as Custodian of Records and Trustee of Judicial Instruments; Unknown Parties, to be added as discovery proceeds, including agents and officers operating against trust interest
D.S.C. · 2025 · confidence medium
See Denton v. Hernandez, 504 U.S. 25, 31 (1992) (providing that a claim is frivolous if “it lacks an arguable basis either in law or in fact”) (quoting Neitzke v. Williams, 490 U.S. 319, 325 (1989)); Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452-53 (4th Cir. 2012) (finding that where the alleged federal claim is “so insubstantial, implausible, foreclosed by prior decisions of [the United States Supreme Court], or otherwise completely devoid of merit as not to involve a federal controversy,” subject matter jurisdiction does not exist over that claim) (citing Steel Co…
discussed Cited as authority (rule) Howell v. SoFi Bank, N.A.
D.S.C. · 2025 · confidence medium
PEM Entities LLC, 57 F.4th at 184 (cleaned up); Holloway v. Pagan River Dockside Seafood, 669 F.3d 448, 453 (4th Cir. 2012) (“If a plaintiff invoking § 1331 pleads a colorable claim arising under the Constitution or laws of the United States, he invokes federal subject matter jurisdiction, and deficiencies of the claim should be addressed by the other mechanisms provided by the federal rules.” (internal citation and quotation marks omitted)).
cited Cited as authority (rule) Painter v. Greene
W.D.N.C. · 2025 · confidence medium
Sept. 11, 2019) (quoting Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012)).
discussed Cited as authority (rule) Keen v. Keen
W.D. Va. · 2025 · confidence medium
But a court still may lack jurisdiction over such a claim if it is not colorable, meaning that it is “so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as not to involve a federal controversy.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) United States v. INTEGRA LIFESCIENCES CORPORATION
M.D.N.C. · 2025 · confidence medium
A complaint may fail to state a claim upon which relief can be granted in two ways: first, by failing to state a valid legal cause of action, i.e., a cognizable claim, see Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012); or second, by failing to allege sufficient facts to support a legal cause of action, see, e.g., Painter’s Mill Grille, LLC v. Brown, 716 F.3d 342, 350 (4th Cir. 2013).
discussed Cited as authority (rule) Herbert Core Drill, LLC v. Brothers Mechanical, Inc.
D. Maryland · 2025 · confidence medium
Standard of Review Motions to dismiss for lack of subject matter jurisdiction are governed by Rule 12(b)(1) of the Federal Rules of Civil Procedure and “address[] whether [the plaintiff] has a right to be in the district court at all and whether the court has the power to hear and dispose of [the plaintiff’s] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012). “[The] court should grant the Rule 12(b)(1) motion to dismiss ‘only 1 Mr. Hector’s remaining claims (Counts V-VII) are not subject to Defendant’s motion to dismiss.
discussed Cited as authority (rule) Johnson v. City of Columbia Water
D.S.C. · 2025 · confidence medium
See Burgess v. Charlottesville Sav. & Loan Ass’n, 477 F.2d 40, 43-44 (4th Cir. 1973) (“[T]he mere assertion in a pleading that the case is one involving the construction or application of the federal laws does not authorize the District Court to entertain the suit[,] nor does federal Jurisdiction attach on the bare assertion that a federal right or law has been infringed or violated or that the suit takes its origin in the laws of the United States.”) (internal citations and quotation marks omitted); Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452-53 (4th Cir. 2012) (fi…
cited Cited as authority (rule) PANIGHETTI v. INTELLIGENT BUSINESS SOLUTIONS, INC.
M.D.N.C. · 2025 · confidence medium
A motion under Rule 12(b)(1) raises the question has the power to hear and dispose of [the] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) DISABILITY RIGHTS NORTH CAROLINA v. THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
M.D.N.C. · 2025 · confidence medium
Legal Standards A motion under Rule 12(b)(1) challenges the existence of subject matter jurisdiction, thus raising the question “whether [a plaintiff] has a right to be in the district court at all and whether the court has the power to hear and dispose of [his or her] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012); see also Cap.
discussed Cited as authority (rule) Liu v. Becerra
D. Maryland · 2025 · confidence medium
Dismissal for Lack of Subject Matter Jurisdiction A motion to dismiss for lack of subject matter jurisdiction brought pursuant to Federal Rule of Civil Procedure 12(b)(1) concerns “whether [the plaintiff] has a right to be in the district court at all and whether the court has the power to hear and dispose of his claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Boucher v. Bond
W.D.N.C. · 2025 · confidence medium
P. 8(a)(2), a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” A Rule 12(b)(6) motion tests the sufficiency of the complaint by asking whether the Plaintiff “has stated a cognizable claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Bell Corbett v. Noosa Pest Management LLC
W.D.N.C. · 2025 · confidence medium
P. 8(a)(2), a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” A Rule 12(b)(6) motion tests the sufficiency of the complaint by asking whether the Plaintiff “has stated a cognizable claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Lemaitre v. Bank of America, N.A.
W.D.N.C. · 2024 · confidence medium
P. 8(a)(2), a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” A Rule 12(b)(6) motion tests the sufficiency of the complaint by asking whether the Plaintiff “has stated a cognizable claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Bhalla v. Nye
W.D.N.C. · 2024 · confidence medium
P. 8(a)(2), a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” A Rule 12(b)(6) motion tests the sufficiency of the complaint by asking whether the Plaintiff “has stated a cognizable claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Klein v. Stewart
W.D.N.C. · 2024 · confidence medium
P. 8(a)(2), a complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” A Rule 12(b)(6) motion tests the sufficiency of the complaint by asking whether the Plaintiff “has stated a cognizable claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) May v. Johnson (2×) also: Cited "see, e.g."
W.D. Va. · 2024 · confidence medium
Holloway v. Pagan River Dockside Seafood, 669 F.3d 448, 452 (4th Cir. 2012); see also id. at 453 (“If a plaintiff invoking § 1331 pleads a colorable claim arising under the Constitution or laws of the United States, he invokes federal subject matter jurisdiction, and deficiencies of the claim should be addressed by the other mechanisms provided by the federal rules.”) (internal quotation marks and citation omitted); Jones v. Gross, No. 1:13-cv-02643, 2014 WL 3887946 , at *3 (D.
cited Cited as authority (rule) Morris v. NC Education Lottery
W.D.N.C. · 2024 · confidence medium
Sept. 11, 2019) (citing Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012)).
discussed Cited as authority (rule) Piedmont Roofing Services, LLC v. Church Mutual Insurance Company, S.I.
W.D.N.C. · 2024 · confidence medium
A Rule 12(b)(6) motion tests the sufficiency of the complaint by asking whether the Plaintiff “has stated a cognizable claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Capiau v. Ascendum Machinery, Inc.
W.D.N.C. · 2024 · confidence medium
In other words, a Rule 12(b)(1) motion questions whether the plaintiff “has a right to be in the district at all and whether the court has the power to hear and 4 dispose of [plaintiff’s] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) HOWARD v. LABORATORY CORPORATION OF AMERICA
M.D.N.C. · 2024 · confidence medium
Under Federal Rule of Civil Procedure 12(b)(1), a patty may seek dismissal based on the court’s “lack of subject-matter jurisdiction.” Subject matter jutisdiction is a threshold question that raises the issue of “whether [the plaintiff] has a right to be in the district court at all and whether the court has the power to hear and dispose of [the] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012); see also Constantine v. Rectors & Visitors of George Mason Univ., 411 F.3d 474 , 479- 80 (4th Cir. 2005).
discussed Cited as authority (rule) Siegel v. Trails Carolina, LLC
W.D.N.C. · 2024 · confidence medium
A Rule 12(b)(6) motion tests whether the plaintiff “has stated a cognizable claim” and thereby challenges the “sufficiency of the complaint.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Valle v. Jaddou (2×)
W.D.N.C. · 2024 · confidence medium
In other words, a Rule 12(b)(1) motion questions whether the plaintiff “has a right to be in the district at all and whether the court has the power to hear and dispose of [plaintiff’s] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) MOORE v. MANSBERRY
M.D.N.C. · 2024 · confidence medium
DISCUSSION A. Standard of Review A motion under Rule 12(b)(1) raises the question “whether [a plaintiff] has a right to be in the district court at all and whether the court has the power to hear and dispose of [the] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Dean v. Charlotte Mecklenburg Schools
W.D.N.C. · 2024 · confidence medium
A Rule 12(b)(1) motion questions whether the plaintiff “has a right to be in the district at all and whether the court has the power to hear and dispose of [plaintiff’s] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Shaw v. Town of Mint Hill
W.D.N.C. · 2024 · confidence medium
A Rule 12(b)(6) motion tests whether the plaintiff “has stated a cognizable claim” and thereby challenges the “sufficiency of the complaint.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) United States v. Shipman
W.D.N.C. · 2024 · confidence medium
A Rule 12(b)(1) motion questions whether the plaintiff “has a right to be in the district at all and whether the court has the power to hear and dispose of [plaintiff’s] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
cited Cited as authority (rule) Rogers v. Kelley
D. Maryland · 2024 · confidence medium
Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Winston v. United States Postal Service
W.D.N.C. · 2024 · confidence medium
A Rule 12(b)(6) motion tests the sufficiency of the complaint by asking whether the Plaintiff “has stated a cognizable claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Brittian v. Extended Stay America, Inc.
W.D.N.C. · 2024 · confidence medium
A Rule 12(b)(6) motion tests the sufficiency of the complaint by asking whether the Plaintiff “has stated a cognizable claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
cited Cited as authority (rule) Hardy v. Streeval
W.D. Va. · 2024 · confidence medium
Md. 2019) (quoting Holloway v. Pagan River Dockside Seafood, Inc., 669 F. 3d 448, 451 (4th Cir. 2012)).
discussed Cited as authority (rule) CLAYTON v. WELLS
M.D.N.C. · 2024 · confidence medium
A motion under Rule 12(b)(1) raises the question of “whether [the claimant] has a right to be in the district court at all and whether the court has the power to hear and dispose of [the] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) KELLER v. EXPERIAN INFORMATION SOLUTIONS, INC.
M.D.N.C. · 2024 · confidence medium
A complaint may fail to state a claim upon which relief can be granted in two ways: first, by failing to state a valid legal cause of action, i.e., a cognizable claim, see Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012); or second, by failing to allege sufficient facts to support a legal cause of action, see Painter’s Mill Grille, 716 F.3d at 350 .
discussed Cited as authority (rule) MORIELLO v. BOARD OF IMMIGRATION APPEALS
M.D.N.C. · 2024 · confidence medium
A motion under Rule 12(b)(1) raises the question of “whether [the claimant] has a right to be in the district court at all and whether the court has the power to hear and dispose of [the] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) CHICAS LOVO v. United States
M.D.N.C. · 2024 · confidence medium
A motion under Rule 12(b)(1) raises the question of “whether [the plaintiff] has a right to be in the district court at all and whether the court has the power to hear and dispose of [the] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) SARHAN v. UNITED STATES CITIZENS & IMMIGRATION SERVICES
M.D.N.C. · 2024 · confidence medium
Although courts are admonished to avoid “drive-by jurisdictional rulings” where there is a colorable federal controversy, Dr. Sarhan’s mere bare-bones citation to the APA in the complaint, without any other support, renders this argument “wholly insubstantial and frivolous.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012) (suggesting court lacks subject matter jurisdiction where claim is “made solely for the purpose of obtaining jurisdiction[] or is so wholly insubstantial and frivolous that an invocation of federal jurisdiction should not be recog…
discussed Cited as authority (rule) Gullum v. Endeavor Infrastructure Holdings, LLC
W.D.N.C. · 2024 · confidence medium
Discussion Defendants’ 12(b)(1) motion asks the Court to consider whether Plaintiff “has a right to be in the district court.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Jones v. Hamilton
D. Maryland · 2024 · confidence medium
A motion to dismiss for lack of subject matter jurisdiction filed pursuant to Rule 12(b)(1) “addresses whether [the plaintiff] has a right to be in the district court at all and whether the court has the power to hear and dispose of his claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) TEASLEY v. HOKE
M.D.N.C. · 2023 · confidence medium
Motion to Dismiss Standard “A motion under Rule 12(b)(1) raises the question of whether [the claimant] has a right to be in the district court at all and whether the court has the power to hear and dispose of [the] claim.” Ho/oway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012); see also Bethel v. Rogers, No. 1:20CV330, 2022 WL 4585809 , at *2 (M.D.N.C.
cited Cited as authority (rule) Carr v. Warden
D. Maryland · 2023 · confidence medium
Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012). “[I]ssues of subject matter jurisdiction are ‘non-waivable’.” Ward v. Walker, 725 F. Supp. 2d 506, 512 (D.
discussed Cited as authority (rule) JORDAN v. CHATHAM COUNTY SCHOOLS
M.D.N.C. · 2023 · confidence medium
A motion under Rule 12(b)(1) raises the question of “whether [the plaintiff] has a right to be in the district court at all and whether the court has the power to hear and dispose of [the] claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Boker v. Barron
D. Maryland · 2023 · confidence medium
LEGAL STANDARDS A motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) “addresses whether [the plaintiff] has a right to be in the district court at all and whether the court has the power to hear and dispose of his claim.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Thompson v. U.S. Justice Department
W.D.N.C. · 2023 · confidence medium
A Rule 12(b)(1) motion addresses whether the plaintiff “has a right to be in the district at all and whether the court has the power to hear and dispose of [plaintiff’s] claim,” and a Rule 12(b)(6) motion addresses whether the plaintiff “has stated a cognizable claim” and challenges the “sufficiency of the complaint.” Holloway v. Pagan River Dockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012).
discussed Cited as authority (rule) Bryant v. Mutual Of Omaha Insurance Company
E.D. Va. · 2023 · confidence medium
No. 44] at 3-5 (citing Holloway v. Pagan RiverDockside Seafood, Inc., 669 F.3d 448, 452 (4th Cir. 2012) (“The failure to state the elements of a federal claim can form the basis of a Rule 12(b)(1) motion only when the claim is so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as not to involve a federal controversy.” (quoting Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 89 (1998) (internal quotation marks and citations omitted)))).
Retrieving the full opinion text from the archive…
Timothy Wayne HOLLOWAY, Plaintiff-Appellant,
v.
PAGAN RIVER DOCKSIDE SEAFOOD, INCORPORATED; Joseph L. Melzer, Jr., Defendants-Appellees
11-1046.
Court of Appeals for the Fourth Circuit.
Mar 1, 2012.
669 F.3d 448
ARGUED: Christina Elise James, Kevin P. Shea & Associate, Hampton, Virginia, for Appellant. Danielle D. Giroux, Harman, Claytor, Corrigan & Well-Man, Richmond, Virginia, for Appellees. ON BRIEF: Kevin P. Shea, Kevin P. Shea & Associate, Hampton, Virginia, for Appellant. Richard K. Bennett, Harman, Clay-tor, Corrigan & Wellman, Richmond, Virginia, for Appellees.
Niemeyer, Motz, King.
Cited by 196 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: D. Maryland (1)

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge KING joined.

OPINION

NIEMEYER, Circuit Judge:

Timothy Holloway commenced this action under the Jones Act, 46 U.S.C. § 30104 (formerly codified at 46 U.S.C. app. § 688(a) (2006)), against Pagan River Dockside Seafood, Inc. and its chief operating officer, Joseph Melzer, alleging in his complaint that he was a seaman in the employ of Pagan River and Melzer and that he had been injured in the course of his employment by their negligence.

Following an evidentiary hearing, the district court granted the defendant’s motion to dismiss Holloway’s complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. The court concluded that Holloway had not adequately demonstrated that (1) he was a seaman and (2) his injury occurred during the course of his employment as a seaman.

On appeal, we conclude that the district court had subject matter jurisdiction over Holloway’s claim. It generally had federal question jurisdiction over Jones Act claims, and Holloway’s complaint in particular alleged a colorable Jones Act claim in that it was not “so insubstantial, implausible, foreclosed by prior decisions ..., or otherwise completely devoid of merit as not to involve a federal controversy.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 89, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998). Accordingly, we reverse the district court’s judgment and remand the case for further proceedings.

I

In his amended complaint, Holloway alleged that he was a seaman employed by Pagan River and Melzer under an oral contract made with Melzer. ¶¶ 4, 7, 8. As detailed in the complaint, Holloway “leased” a boat from Pagan River and Melzer, who then paid him for his catch of oysters or crabs, deducting a “fee” from the proceeds “for use of [the] vessel.” ¶¶ 5, 8. Holloway alleged that on December 8, 2009, as he was attempting, “in the course of his duties,” to unload a catch on Pagan River’s dock, he was injured when a conveyor belt moved and trapped his hand. ¶ 9. Holloway claimed that the conveyor belt was improperly secured and that his injury was a result of the defendants’ negligence. ¶¶ 9,10.

Pagan River and Melzer filed both an answer to the complaint and a motion to dismiss it under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). In their motion to dismiss, they contended that the court did not have subject matter jurisdiction as Holloway did not satisfy elements of the Jones Act: he was in fact not their employee; he was not a seaman; and he[*451] had not been injured in the course of his employment as a seaman. In support of the motion, the defendants submitted an affidavit from Melzer attesting to Holloway’s status as a self-employed independent contractor. Melzer stated that Pagan River would allow Holloway to use one of their boats and that Holloway was paid based on the number of crabs or oysters he delivered to Pagan River, less a fee for the use of the boat, equipment, and fuel. Melzer also stated that Pagan River did not deduct any taxes from Holloway’s payment. And, with respect to the day Holloway was injured, Melzer stated that on Holloway’s request, Melzer paid Holloway to shuck oysters on a piece-work basis.

Holloway responded with an affidavit, in which he reiterated the allegations of his complaint and stated that he had been working near the conveyor belt “as part of helping unload oysters from other boats on the orders of Melzer.” Holloway also submitted a self-produced log of his pay records detailing the various activities he had performed for Pagan River and Melzer during the period from late 2007 through December 8, 2009, the date of the accident, in order to establish his frequent connection to a vessel and his employment.

After conducting a hearing on the defendants’ motion to dismiss, the district court granted the motion under Rule 12(b)(1), concluding that the court lacked subject matter jurisdiction. In its opinion, the court found that Holloway had “not established that he [was] a ‘seaman’ under the Jones Act.” Recognizing that the question was “a mixed question of law and fact,” the court observed that whether Holloway was a seaman “will depend on the nature of the vessel and the employee’s [Holloway’s] precise relation to it.” It held that Holloway “had not met his burden to provide sufficient facts as to the nature of his connection to the vessel as to maintain jurisdiction under the Jones Act.” The court added that Holloway had also “failed to demonstrate facts” to support his claim that the injury was sustained during the course of his employment.

From the district court’s order, dated December 15, 2010, Holloway filed this appeal.

II

Holloway’s complaint purports to allege a claim under the Jones Act, which provides in relevant part that “A seaman injured in the course of employment ... may elect to bring a civil action at law, with the right of trial by jury, against the employer.” 46 U.S.C. § 30104. To state a claim under the Jones Act, a plaintiff must allege “(1) that he is a seaman under the Act; (2) that he suffered injury in the course of his employment; (3) that his employer was negligent; and (4) that his employer’s negligence caused his injury at least in part.” Martin v. Harris, 560 F.3d 210, 216 (4th Cir.2009). Federal courts, sitting at law, have subject matter jurisdiction to hear and resolve Jones Act claims under federal question jurisdiction, 28 U.S.C. § 1331. (Of course, federal courts may also have jurisdiction under their maritime jurisdiction, but in demanding a jury trial, Holloway did not invoke maritime jurisdiction. See O’Donnell v. Great Lakes Dredge & Dock Co., 318 U.S. 36, 42-43, 63 S.Ct. 488, 87 L.Ed. 596 (1943)).

Holloway contends that the district 'court erred in dismissing his complaint for lack of subject matter jurisdiction. He argues that the evidence presented to the district court — through affidavits and pay records — showed that his “employment was substantially connected to his vessel and that he should therefore properly be considered a Jones Act seaman.” The defendants engage Holloway factually, arguing, on the basis of contradicting affidavits,[*452] that “Holloway failed to present sufficient proof that he was a ‘seaman’ under the Jones Act.”

The parties, and indeed the district court, have quite blurred the fundamental difference between a Rule 12(b)(1) motion for lack of subject matter jurisdiction and a Rule 12(b)(6) motion for failure to state a claim, failing to recognize the distinction between the Rules. A 12(b)(1) motion addresses whether Holloway has a right to be in the district court at all and whether the court has the power to hear and dispose of his claim, and a 12(b)(6) motion addresses whether Holloway has stated a cognizable claim, a challenge to the sufficiency of the complaint. Noting this confusion, we requested that the parties submit supplemental briefing prior to oral argument. In their briefing, both Holloway and the defendants continued to assert that the district court properly resolved the defendants’ motion as a jurisdictional motion and that the district court properly considered the elements of a Jones Act claim in disposing of the jurisdictional issue. We disagree.

In recent years, the Supreme Court has cautioned against “drive-by jurisdictional rulings,” Steel Co., 523 U.S. at 91, 118 S.Ct. 1003, that dismiss a claim “ ‘for lack of jurisdiction’ when some threshold fact has not been established, without explicitly considering whether the dismissal should be for lack of subject matter jurisdiction or for failure to state a claim,” Arbaugh v. Y & H Corp., 546 U.S. 500, 511, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006) (quoting Da Silva v. Kinsho Int’l Corp., 229 F.3d 358, 361 (2d Cir.2000)). Its admonition is grounded in the principle that the subject matter jurisdiction of a federal court is not generally resolved by concluding that the plaintiff has failed to allege an element of a federal cause of action or that the plaintiff might not be able to prove an element of a federal cause of action. Rather, a court must look more fundamentally at whether the plaintiffs claim is determined by application of a federal law over which Congress has given the federal courts jurisdiction. If it is, his complaint should not be dismissed for a lack of subject matter jurisdiction, as the federal courts have been given the power and the authority to hear and resolve such claims.

Deficiencies in the statement of a federal cause of action should normally be addressed by a motion under rules challenging the sufficiency of the complaint or the evidence pleaded to support the complaint, such as authorized by Rules 12(b)(6), 12(c), or 56. As the Supreme Court explained in Steel Co.:

“[Jjurisdiction ... is not defeated ... by the possibility that the averments might fail to state a cause of action on which petitioners could actually recover.” Rather, the district court has jurisdiction if “the right of the petitioners to recover under their complaint will be sustained if the Constitution and laws of the United States are given one construction and will be defeated if they are given another.”

Steel Co., 523 U.S. at 89, 118 S.Ct. 1003 (ellipses in original) (quoting Bell v. Hood, 327 U.S. 678, 685, 66 S.Ct. 773, 90 L.Ed. 939 (1946)); see also Kerns v: United States, 585 F.3d 187, 192-93 (4th Cir.2009). The failure to state the elements of a federal claim can form the basis of a Rule 12(b)(1) motion “only when the claim is ‘so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as not to involve a federal controversy.’ ” Steel Co., 523 U.S. at 89, 118 S.Ct. 1003 (quoting Oneida Indian Nation of N.Y. v. Cnty. of Oneida, 414 U.S. 661, 666, 94 S.Ct. 772, 39 L.Ed.2d 73 (1974)).

[*453] In short, subject matter jurisdiction relates to a federal court’s power to hear a case, Arbaugh, 546 U.S. at 514, 126 S.Ct. 1285, and that power is generally-conferred by the basic statutory grants of subject matter jurisdiction, such as 28 U.S.C. § 1331 or 28 U.S.C. § 1332. If á plaintiff invoking § 1331 “pleads a color-able claim ‘arising under’ the Constitution or laws of the United States,” Arbaugh, 546 U.S. at 513, 126 S.Ct. 1235, he invokes federal subject matter jurisdiction, and deficiencies of the claim should be addressed by the other mechanisms provided by the federal rules.

In this case, Holloway sought to state a claim under the Jones Act, a federal cause of action over which federal courts have jurisdiction. And in stating his claim, he alleged each of the elements of a Jones Act claim. He asserted that he was employed as a seaman connected to a vessel; that he was injured in the course of his employment; and that his employer’s negligence caused his injury. To be sure, the facts to support these conclusory allegations appear to be thin in some instances and in many instances are disputed. But it can hardly be asserted that Holloway’s claim is not colorable, or is made solely for the purpose of obtaining jurisdiction, or is so wholly insubstantial and frivolous that an invocation of federal jurisdiction should not be recognized. Rather, the disputes over whether, in alleging a Jones Act claim, Holloway will be able to prove the elements of the cause of action are matters that if resolved one way will entitle Holloway to relief and if decided another way will result in dismissal of his action. In either case, however, such disputed allegations must be resolved either by a Rule 56 motion or by trial. See Arbaugh, 546 U.S. at 514, 126 S.Ct. 1235 (“If satisfaction of an essential element of a claim for relief is at issue, however, the jury is the proper trier of contested facts”). See also Romero v. Int’l Terminal Operating Co., 358 U.S. 354, 359, 79 S.Ct. 468, 3 L.Ed.2d 368 (1959) (“Petitioner asserts a substantial claim that the Jones Act affords him a right of recovery for the negligence of his employer. Such assertion alone is sufficient to empower the District Court to assume jurisdiction over the case and determine whether, in fact, the Act does provide the claimed rights”), superseded by statute on other grounds, 45 U.S.C. § 59.

At bottom, we conclude that the allegations contained in Holloway’s complaint provided an adequate basis to invoke the Jones Act and thus to require the district court to exercise federal jurisdiction over the case. The fact-intensive nature of the remaining issues necessitates the further development of the record and the application of procedures other than those in Rule 12(b)(1). See McLaughlin v. Boston Harbor Cruise Lines, Inc., 419 F.3d 47, 51-52 (1st Cir.2005) (noting that seaman status is generally decided only after á trial and collecting cases); Wheatley v. Gladden, 660 F.2d 1024, 1026 (4th Cir.1981) (concluding that in Jones Act cases, “[t]he existence of ... an employer/employee relationship must be determined under maritime law” and that “resolution of the issue is normally a factual one within the province of a jury”).

We therefore reverse the district court’s order dismissing this case and remand for further proceedings.

REVERSED AND REMANDED.