· 12/5/1990
Arthur Berardi v. Swanson Memorial Lodge No. 48 of the Fraternal Order of Police
Citations
- 920 F.2d 198
- 18 Fed. R. Serv. 3d 493
- 135 L.R.R.M. (BNA) 3269
- 1990 U.S. App. LEXIS 20952
- 1990 WL 192090
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the factual basis for jurisdictional allegations in a complaint could be disputed before an answer was served
- stating that a district court must ensure that a plaintiff has “had an opportunity to present facts by affidavit or by deposition, or in an evidentiary hearing,” to support his claim of jurisdiction (citation omitted)
- stating that a district court must ensure that a plaintiff has “had an opportunity to present facts by affidavit or by deposition, or in an evidentiary hearing,” to support his claim of jurisdiction (citation omitted)
- stating that a district court must ensure that a plaintiff has “had an opportunity to present facts by affidavit or by deposition, or in an evidentiary hearing,” to support his claim of jurisdiction (citation omitted)
- reversing dismissal when plaintiff had no opportunity before dismissal to address independent substantive legal theory adopted by court
- affirming dismissal of a complaint where the defendant was not subject to the statute under which plaintiff sued
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Scirica, Alito
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.