What is the test for a motion to challenge the existence of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1)?
MultiRegion, United States of America
The following excerpt is from Zachman v. Wells Fargo N.A., Case No.: 15-cv-2909-BEN (JMA) (S.D. Cal. 2016):
A challenge to the existence of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) may be either facial or factual in nature. Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir. 2004). A facial 12(b)(1) motion involves a limited inquiry into the allegations of the complaint. Id. In doing so, courts must assume all material allegations in the complaint to be true and determine whether a lack of federal
Page 3
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a motion to dismiss based on a prisoner's failure to exhaust administrative remedies properly the subject of a motion under Federal Rule of Civil Procedure 12(b)? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
Is a motion to dismiss based on a prisoner's failure to exhaust administrative remedies properly a motion under Federal Rule of Civil Procedure 12(b)? (MultiRegion, United States of America)
Can a Rule 12(b)(1) motion for lack of subject matter jurisdiction be used to attack the substance of a complaint's jurisdictional allegations? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to hear a claim that a federal court lacks subject matter jurisdiction? (MultiRegion, United States of America)
Does the federal district court have jurisdiction to dismiss the complaint for lack of subject matter jurisdiction? (MultiRegion, United States of America)
What is the effect of section 6621 of the Civil Code of Civil Procedure when dealing with civil matters? (MultiRegion, United States of America)
Does the federal court have jurisdiction to hear a motion in a motion brought by defendants in a civil case brought by the Department of Justice against the Attorney General? (MultiRegion, United States of America)
What is the test for determining whether a federal judge has jurisdiction to interpret a statutory interpretation in a federal civil matter? (MultiRegion, United States of America)
