S.R.P. Ex Rel. Abunabba 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.

• recognizing that Rule 12(b)(1) does not provide plaintiffs the procedural safeguards of Rule 12(b)(6) which calls for “a relaxed standard of proof for the jurisdictional question where jurisdiction is intertwined with the merits”
• recognizing a limited exception to this burden-allocation for requirements which, although “jurisdictional on [their] face,” operate as de facto affirmative defenses
• explaining that jurisdictional analysis is intertwined with the merits when there are “overlapping issues of proof”
• finding that a previous version of NPS policies “clearly vest local NPS officials with broad discretion to develop appropriate responses to natural hazards”
• explaining that the federal government bears the burden to show that the discretionary function exception applies
• suggesting that a federal agency “could be aware of a safety hazard so blatant that its failure to warn the public could not reasonably be said to involve policy considerations”

Source: CourtListener parenthetical corpus (CC0).