David L. Morrison v. Amway Corporation, N.K.A. Alticor, Inc., a Michigan Corporation, Magic Carpet Aviation, a Delaware Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, because the defendant’s motion for summary judgment on subject-matter jurisdiction attacked the “eligible employee” element of the plaintiff’s FMLA claim, “the district court should have treated the motion as a motion for summary judgment under Rule 56”
• explaining that “when a defendant properly challenges subject matter jurisdiction under Rule 12(b)(1) the district court is free to independently weigh facts”
• noting that, under our prior precedent rule, we look to the earliest relevant case in order to resolve a conflict among our decisions
• explaining that when faced with an intra-circuit conflict “a panel should look to the line of authority containing the earliest case”
• contrasting the standard of review used for factual attacks on subject matter jurisdiction with the standard applied to summary judgment motions
• resolving the factual attack to subject matter jurisdiction on a motion to dismiss

Source: CourtListener parenthetical corpus (CC0).