Topic: a plaintiff asserting subject matter jurisdiction has the b… · Go Syfert
← All topics

Topic #8541

4 canonical passages across 3 cases, quoted by 43 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 Fountain v. Karim.

#Case FlagCanonical passage Citers
1 Fountain v. Karim Anchor
ca2 · 2016
green “a plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists.” 19
2 Fountain v. Karim
ca2 · 2016
green “in resolving a motion to dismiss under rule 12(b)(1), the district court must take all uncontroverted facts in the complaint . . . as true, and draw all reasonable inferences in favor of the party asserting jurisdiction.” 13
3 Kreisler v. Second Avenue Diner Corp.
ca2 · 2013
green “(1) the plaintiff alleges past injury under the ada; (2) it is reasonable to infer that the discriminatory treatment will continue; and (3) it is reasonable to infer, based on the past frequency of plaintiff's visits and the proximity of defendant's business to plaintiff's home,…” 6
4 Calcano v. Swarovski N. Am. Ltd.
ca2 · 2022
green “a real and immediate threat of future injury” 5

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.

← Caselaw search · Hot / Trending / Newly red · Brief Check