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· 11/1/2017

Lucky Star Horses v. Diamond State Ins. Co.

How courts have described this case

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

  • holding that courts should consider Rule 12(b)(1) challenges first because, if the complaint is dismissed on that basis, challenges under Rule 12(b)(6) need not be determined
  • holding the administrative exhaustion requirement is a jurisdictional issue
  • “defenses and objections become moot and do not need to be determined” following dismissal for lack of subject-matter jurisdiction
  • “[I]f [we] must dismiss the complaint for lack of subject matter jurisdiction, the [defendants’] defenses and objections become moot and do not need to be determined.”
  • “In reviewing a motion to compel arbitration, we must therefore determine .. . if federal statutory claims are asserted, . . . whether Congress intended those claims to be nonarbitrable.”
  • “The plaintiff has therefore failed to meet her burden of showing with respect to either her Title VII or EPA claim that Congress intended to preclude her claims from arbitration.”

Source: CourtListener parenthetical corpus (CC0).

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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.