Topic: when considering a motion under rule 12(b)(1), a court is t… · Go Syfert
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Topic #9100

7 canonical passages across 3 cases, quoted by 41 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 Rebecca Smith v. UnitedHealth Group Inc..

#Case FlagCanonical passage Citers
1 Rebecca Smith v. UnitedHealth Group Inc. Anchor
ca8 · 2024
green “when considering a motion under rule 12(b)(1), a court is to consider whether a party is asserting a 'facial attack' or a 'factual attack' on jurisdiction.” 8
2 Autumn Hilger v. United States
ca8 · 2023
green “the plaintiff bears the burden of establishing subject matter jurisdiction” 7
3 Animal Legal Defense Fund v. Kimberly Reynolds
ca8 · 2024
green “the method in which the district court resolves a rule 12(b)(1) motion . . . obliges the circuit court of appeals to follow the same approach.” 7
4 Autumn Hilger v. United States
ca8 · 2023
green “we review the district court's resolution of factual disputes for clear error and its decision on whether it lacks subject-matter jurisdiction de novo.” 6
5 Rebecca Smith v. UnitedHealth Group Inc.
ca8 · 2024
green “if a rule 12(b)(1) motion is a facial attack, the court looks only at the pleadings and gives the non-moving party the same protections available under rule 12(b)(6).” 6
6 Autumn Hilger v. United States
ca8 · 2023
green “the plaintiff bears the burden of establishing subject matter jurisdiction.” 4
7 Rebecca Smith v. UnitedHealth Group Inc.
ca8 · 2024
green “consider whether a party is asserting a 'facial attack' or a 'factual attack' on jurisdiction.” 3

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