Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United States

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 court should consider a Rule 12(b)(1) jurisdictional attack before addressing any attack on the merits
• holding that when Rule 12(b)(1) motion is filed in conjunction with other Rule 12 motions, court should consider Rule 12(b)(1) jurisdictional attack before addressing attack on merits to prevent court without jurisdiction from prematurely dismissing case with prejudice
• stating that a court should consider the 12(b)(1) jurisdictional attack before addressing other Rule 12 motions
• recognizing “the plaintiff constantly bears the burden of proof that jurisdiction does in fact exist”
• observing that “the plaintiff constantly bears the burden of proof that jurisdiction does in fact exist”
• finding that the two-year extension for filing a lawsuit under federal bankruptcy law began when the appellant filed a voluntary chapter 11 petition

Source: CourtListener parenthetical corpus (CC0).