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· 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 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.