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· 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 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.