Can a Rule 12(b)(1) challenge to jurisdiction be facial or factual?
MultiRegion, United States of America
The following excerpt is from Spice Jazz LLC v. Youngevity Int'l, Inc., Case No. 19-cv-0583-BAS-DEB (S.D. Cal. 2020):
A Rule 12(b)(1) challenge to jurisdiction may be facial or factual. Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). In a facial attack, the challenger asserts that the allegations contained in a complaint are insufficient on their face to invoke federal jurisdiction, whereas in a factual challenge, the challenger disputes the truth of the allegations that, by themselves, would otherwise invoke jurisdiction. Id.
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