Topic: different standards apply to a motion to dismiss based on l… · Go Syfert
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Topic #7843

3 canonical passages across 3 cases, quoted by 46 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 Muscogee (Creek) Nation v. Pruitt.

#Case FlagCanonical passage Citers
1 Muscogee (Creek) Nation v. Pruitt Anchor
ca10 · 2012
green “different standards apply to a motion to dismiss based on lack of subject matter jurisdiction under rule 12(b)(1) and a motion to dismiss for failure to state a claim under rule 12(b)(6).” 23
2 City of Albuquerque v. United States Department of the Interior
ca10 · 2004
green “motions to dismiss for lack of subject matter jurisdiction generally take one of two forms: (1) a facial attack on the sufficiency of the complaint's allegations as to subject matter jurisdiction; or (2) a challenge to the actual facts upon which subject matter jurisdiction is b…” 19
3 Sullins v. American Medical Response of Oklahoma, Inc.
okla · 2001
green “in waiving sovereign immunity, the legislature restricted the waiver only to the extent and in the manner prescribed in the act.” 4

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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