· 2/6/1990
Michael T. Moir v. Greater Cleveland Regional Transit Authority Amalgamated Transit Union, Local 268
Citations
- 895 F.2d 266
- 133 L.R.R.M. (BNA) 2528
- 1990 U.S. App. LEXIS 1315
- 1990 WL 8112
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that without subject matter jurisdiction a courtcannot consider the merits of a case and may not assume subject matter jurisdiction to reach the merits
- explaining that, when “subject matter jurisdiction is challenged pursuant to Rule 12(b)(1), the plaintiff has the burden of proving jurisdiction in order to survive the motion”
- explaining that the Court is “bound to consider the 12(b)(1) motion first, since the Rule 12(b)(6) challenge becomes moot if this court lacks subject matter jurisdiction”
- stating that a “Rule 12(b)(6) challenge becomes moot if th[e] court lacks subject-matter jurisdiction”
- finding a Rule 12(b)(6) motion is moot when the Court dismisses a complaint for lack of subject matter jurisdiction under Rule 12(b)(1)
- finding a Rule 12(b)(6) motion is moot when the Court dismisses a complaint for lack of subject matter jurisdiction under Rule 12(b)(1)
Source: CourtListener parenthetical corpus (CC0).
Judges: Keith, Jones, Boggs
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.