Gentek Building Products, Inc., Steel Peel Litigation Trust, Formerly Known as Sherwin-Williams Claims Trust v. The Sherwin-Williams Company

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 district court has wide discretion to allow affidavits, documents, and even a limited evidentiary hearing to resolve jurisdictional facts”
• holding that courts have “wide discretion” to consider affidavits and documents “to arrive at the factual predicate that subject-matter jurisdiction does or does not exist”
• explaining that a jurisdictional issue is intertwined with the merits “when the facts necessary to sustain jurisdiction . . . implicate the merits of the plaintiff's claim”
• explaining that this provides a “greater level of protection to the plaintiff who in truth is facing a challenge to the validity of his claim” when “the defendant is forced to proceed under Rule 12(b)(6
• explaining that if “an attack on subject-matter jurisdiction also implicates an element of the cause of action, then the district court should . . . ‘deal with the objection as a direct attack on the merits of the plaintiff's claim’”
• endorsing a “summary-judgment-like procedure” “when the defendant alleges that the plaintiff fraudulently joined non-diverse defendants to destroy diversity jurisdiction”

Source: CourtListener parenthetical corpus (CC0).