What is the test for reviewing evidence that is not in the scope of a Rule 12(b)(1) factual attack on plaintiffs' assertion of subject matter jurisdiction?
MultiRegion, United States of America
The following excerpt is from Franco v. United States Dep't Of The Interior, 725 F.Supp.2d 1119 (E.D. Cal. 2010):
15The court may review evidence outside the complaint when considering a Rule 12(b)(1) factual attack on plaintiffs' assertion of subject matter jurisdiction. See Safe Air v. Meyer, 373 F.3d at 1039.
"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 Rule 12(b)(1) jurisdictional attack a facial attack or a factual attack? (MultiRegion, United States of America)
When reviewing the dismissal of a complaint for lack of subject matter jurisdiction, how do we review the factual findings and legal conclusions de novo? (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)
Is Rule 12(b)(1) jurisdictional attack a facial or factual attack? (MultiRegion, United States of America)
What is the difference between a Rule 12(b)(1) jurisdictional attack and a factual attack? (MultiRegion, United States of America)
In reviewing a motion to dismiss for lack of subject matter jurisdiction, can the court consider affidavits or any other evidence properly before the court? (MultiRegion, United States of America)
Is a district court's decision not to admit evidence within the scope of the Federal Rule of Evidence 404(b) reviewed de novo? (MultiRegion, United States of America)
Can a plaintiff bring an action for lack of subject matter jurisdiction under Rule 12(b)(1)? (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 standard for review of a district court's determination that it lacks subject matter jurisdiction? (MultiRegion, United States of America)
