· 1/30/1995
David Holt, as Personal Representative of the Estates of James W. Holt and Joan Holt, Deceased v. United States
Citations
- 46 F.3d 1000
- 31 Fed. R. Serv. 3d 60
- 1995 U.S. App. LEXIS 1839
- 1995 WL 34196
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that district courts have “wide discretion” to consider eviden- tiary materials when resolving a motion challenging jurisdiction under Rule 12(b)(1
- concluding that factual issue as to whether a statute conferring immunity was implicated gave rise to factual attack on subject-matter jurisdiction
- holding that when there is a factual attack, the Court may go beyond allegations contained in the complaint and consider evidence presented by the parties upon which the Court’s subject matter jurisdiction depends
- stating that when analyzing a facial attack under Federal Rule of Civil Procedure 12(b)(1), the court “must accept the allegations in the complaint as true”
- explaining that “[t]he jurisdictional question is intertwined with the merits of the case if subject matter jurisdiction is dependent on the same statute which provides the substantive claim in the case”
- stating that when analyzing a facial attack under Federal Rule of Civil Procedure 12(b)(1), the court “must accept the allegations in the complaint as true”
Source: CourtListener parenthetical corpus (CC0).
Judges: Baldock, Brorby, Kane
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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