Topic: a challenge to subject matter jurisdiction under rule 12(b)… · Go Syfert
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Topic #1002

7 canonical passages across 5 cases, quoted by 245 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Davis v. Wells Fargo, U.S..

#Case FlagCanonical passage Citers
1 Davis v. Wells Fargo, U.S. Anchor
ca3 · 2016
green “a challenge to subject matter jurisdiction under rule 12(b)(1) may be either a facial or a factual attack.” 78
2 Davis v. Wells Fargo, U.S.
ca3 · 2016
green “attacks the factual allegations underlying the complaint's assertion of jurisdiction, either through the filing of an answer or 'otherwise presenting competing facts.” 43
3 Davis v. Wells Fargo, U.S.
ca3 · 2016
green “challenges subject matter jurisdiction without disputing the facts alleged in the complaint, and it requires the court to 'consider the allegations of the complaint as true.” 36
4 Petruska v. Gannon University
ca3 · 2006
green “attacks the factual allegations underlying the complaint's assertion of jurisdiction, either through the filing of an answer or 'otherwise presenting competing facts.” 28
5 Constitution Party of Pennsylv v. Carol Aichele
ca3 · 2014
green “the court must only consider the allegations of the complaint and documents referenced therein and attached thereto, in the light most favorable to the plaintiff.” 28
6 Baldwin v. University of Pittsburgh Medical Center
ca3 · 2011
green “a dismissal for lack of statutory standing is effectively the same as a dismissal for failure to state a claim.” 17
7 In Re Schering Plough Corp. Intron/Temodar Consumer Class Action
ca3 · 2012
green “defendants' rule 12(b)(1) motions are properly understood as facial attacks because they contend that the amended complaints lack sufficient factual allegations to establish standing.” 15

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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