Can a Rule 12(b)(1) motion be framed as a facial attack on the allegations in a complaint?
MultiRegion, United States of America
The following excerpt is from Glob. Rescue Jets LLC v. Kaiser Found. Health Plan, Inc., Case No.: 19cv1737-L-NLS (S.D. Cal. 2020):
establishing the contrary rests upon the party asserting it. Id. As here, a Rule 12(b)(1) motion may be framed as a "facial" attack on the allegations in the complaint. See 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. Id.
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