· 11/18/2015
Cathleen Silha v. ACT, Inc.
Citations
- 807 F.3d 169
- 2015 U.S. App. LEXIS 19996
- 2015 WL 7281602
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 Twombly–Iqbal facial plausibility requirement for pleading a claim” under Rule 12(b)(6) “is incorporated into the standard for pleading subject matter jurisdiction” under Rule 12(b)(1)
- holding that the Twombly- Iqbal standard applies to a facial challenge to subject-matter jurisdiction
- noting that a court “may look beyond the pleadings and view any evidence submitted” when reviewing a factual challenge
- instructing that “when evaluating a facial challenge to subject matter jurisdiction under Rule 12(b)(1), a court should use Twombly-Iqbal's ‘plausibility’ requirement.”
- noting that in evaluating a challenge to subject matter jurisdiction, a court must first determine whether a defendant has raised a factual or facial challenge
- noting that in evaluating a challenge to subject matter jurisdiction, a court must first determine whether a defendant has raised a factual or facial challenge
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Kanne, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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