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· 1/12/2000

Natalia Makarova v. United States

Citations

  • 201 F.3d 110
  • 2000 U.S. App. LEXIS 321

How courts have described this case

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

  • holding that district courts may refer to evidence outside the pleadings when resolving a motion to dismiss for lack of subject matter jurisdiction
  • holding that the party invoking a federal court’s jurisdiction “has the burden of proving by a preponderance of the evidence that it exists”
  • explaining that, in ruling on . a 12(b)(1) motion, a court may consider materials outside the pleadings
  • observing that in resolving a motion to dismiss for lack of subject matter jurisdiction, court may refer to evidence outside the pleadings
  • noting that a district court resolving a motion to dismiss for lack of subject-matter jurisdiction under Rule 12(b)(1) “may refer to evidence outside the pleadings”
  • explaining that a court “may refer to evidence outside the pleadings” when resolving a motion to dismiss for lack of subject matter jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Jacobs, Sack

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.