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· 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 CourtListener

Sourced 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.