· 5/28/2008
Lane v. Halliburton
Citations
- 529 F.3d 548
- 27 I.E.R. Cas. (BNA) 1254
- 2008 U.S. App. LEXIS 11401
- 2008 WL 2191200
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the assertion of a causation defense to fraud and negligence claims did not necessarily implicate a political question
- holding that “the case needs further factual development before it can be known whether [the political-question] doctrine is actually an impediment”
- explaining that the district court can resolve disputed facts as necessary to decide a challenge to subject matter jurisdiction
- noting that dismissals 4 for want of subject matter jurisdiction are reviewed de novo
- requiring a court to “look beyond the complaint, considering how the Plaintiffs might prove their claims and how [the defendant] would defend”
- “Permitting this matter to proceed now does not preclude the possibility that the district court will again need to decide whether a political question inextricably arises.... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Demoss, Southwick
Read full opinion on CourtListenerSourced 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.