Skip to main content
· 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 CourtListener

Sourced 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.