merits of the jurisdictional claim (Alabama) · Go Syfert
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merits of the jurisdictional claim in Alabama

5 Alabama opinions name it 2 courts 2008–2026 2 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Lindsey v. United Statesred
dcd · 2006 · cited in 5 Alabama opinions naming this issue, 2008–2026
2 sentences

2026Civ. P.,] motion asserting a factual challenge "must go beyond the pleadings and resolve any disputed issues of fact the resolution of which is necessary to a ruling upon the motion to dismiss." [Phoenix Consulting, Inc. v. Republic of Angola, 216 F.3d 36, 40 (D.C. Cir. 2000).] In such situations, "the plaintiff's jurisdictional averments are entitled to no presumptive weight; the court must address the merits of the jurisdictional claim by resolving the factual disputes between the parties." Erby[ v. United States], 424 F. Supp. 2d [180,] 181 [(D.D.C. 2006)] (internal quotations omitted); see

2026Based on that factual challenge, the juvenile court had to " ' "address the merits of the jurisdictional claim by resolving the factual disputes between the parties." ' " Ex parte Safeway, 990 So. 2d at 350 (quoting Lindsey v. United States, 448 F. Supp. 2d 37, 42-43 (D.D.C. 2006), quoting in turn Erby v. United States, 424 F. Supp. 2d 180, 181 (D.D.C. 2006)).

45
Erby v. United Statesgreen
dcd · 2006 · cited in 3 Alabama opinions naming this issue, 2008–2026
2 sentences

2026Based on that factual challenge, the juvenile court had to " ' "address the merits of the jurisdictional claim by resolving the factual disputes between the parties." ' " Ex parte Safeway, 990 So. 2d at 350 (quoting Lindsey v. United States, 448 F. Supp. 2d 37, 42-43 (D.D.C. 2006), quoting in turn Erby v. United States, 424 F. Supp. 2d 180, 181 (D.D.C. 2006)).

2015In such situations, “the plaintiffs jurisdictional averments are entitled to no presumptive weight; the court must address the merits of the jurisdictional claim by resolving the factual disputes between the parties.” Erby, 424 F.Supp.2d at 181 (internal quotations omitted); see also Mortensen v. First Fed.

33
Mortensen v. First Federal Savings And Loan Associationgreen
ca1 · 1977 · cited in 4 Alabama opinions naming this issue, 2008–2026
2 sentences

2026Civ. P.,] motion asserting a factual challenge "must go beyond the pleadings and resolve any disputed issues of fact the resolution of which is necessary to a ruling upon the motion to dismiss." [Phoenix Consulting, Inc. v. Republic of Angola, 216 F.3d 36, 40 (D.C. Cir. 2000).] In such situations, "the plaintiff's jurisdictional averments are entitled to no presumptive weight; the court must address the merits of the jurisdictional claim by resolving the factual disputes between the parties." Erby[ v. United States], 424 F. Supp. 2d [180,] 181 [(D.D.C. 2006)] (internal quotations omitted); see

2026Civ. P.,] motion asserting a factual challenge "must go beyond the pleadings and resolve any disputed issues of fact the resolution of which is necessary to a ruling upon the motion to dismiss." [Phoenix Consulting, Inc. v. Republic of Angola, 216 F.3d 36, 40 (D.C. Cir. 2000).] In such situations, "the plaintiff's jurisdictional averments are entitled to no presumptive weight; the court must address the merits of the jurisdictional claim by resolving the factual disputes between the parties." Erby[ v. United States], 424 F. Supp. 2d [180,] 181 [(D.D.C. 2006)] (internal quotations omitted); see

24
Phoenix Consulting, Inc. v. Republic of Angolagreen
cadc · 2000 · cited in 1 Alabama opinions naming this issue, 2026–2026
1 sentence

2026Civ. P.,] motion asserting a factual challenge "must go beyond the pleadings and resolve any disputed issues of fact the resolution of which is necessary to a ruling upon the motion to dismiss." [Phoenix Consulting, Inc. v. Republic of Angola, 216 F.3d 36, 40 (D.C. Cir. 2000).] In such situations, "the plaintiff's jurisdictional averments are entitled to no presumptive weight; the court must address the merits of the jurisdictional claim by resolving the factual disputes between the parties." Erby[ v. United States], 424 F. Supp. 2d [180,] 181 [(D.D.C. 2006)] (internal quotations omitted); see

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Ex Parte Safeway Ins. Co. of Alabama, Inc. green
ala · 2008
1 sentence

2026Based on that factual challenge, the juvenile court had to " ' "address the merits of the jurisdictional claim by resolving the factual disputes between the parties." ' " Ex parte Safeway, 990 So. 2d at 350 (quoting Lindsey v. United States, 448 F. Supp. 2d 37, 42-43 (D.D.C. 2006), quoting in turn Erby v. United States, 424 F. Supp. 2d 180, 181 (D.D.C. 2006)).

12026–2026

Where else courts name it

MA 12 (2002–2026) AL 5 (2008–2026) CA 3 (2021–2025) VI 2 (2024–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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