· 7/1/1998
Home Builders Ass'n of Mississippi, Inc. v. City of Madison
Citations
- 143 F.3d 1006
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a dismissal for lack of subject matter jurisdiction is not an adjudication on the merits and should be without prejudice
- “The act imposes drastic limitations on the federal judiciary’s ability to meddle with a local concern as important and sensitive as the collection of taxes.”
- “A case is properly dismissed for lack of subject matter jurisdiction when the court lacks the statutory or constitutional power to adjudicate the case.”
- “A motion under 12(b)(1) should be granted only if it appears certain that the plaintiff cannot prove any set of facts in support of his claim that would entitle him to relief.”
- “A motion under 12(b)(1) should be granted only if it appears certain that the plaintiff cannot prove any set of facts in support of his claim that would entitle him to relief.”
- dismissal for lack of subject-matter jurisdiction is not a ruling on the merits
Source: CourtListener parenthetical corpus (CC0).
Judges: Wisdom, Jolly, Higginbotham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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