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· 11/27/2007

Stalley Ex Rel. United States v. Catholic Health Initiatives

Citations

  • 509 F.3d 517
  • 2007 U.S. App. LEXIS 27331
  • 2007 WL 4165751

How courts have described this case

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

  • noting that individuals “could recover double damages to vindicate their private rights when their primary payers fail to live up to their obligations”
  • noting that the FCC is authorized to issue a declaratory ruling “to terminate a controversy or remove uncertainty”
  • explaining that the MSP Act “purports to give a substantive right to individuals qua individuals, not as private attorneys general or assignees of a public right”
  • noting that while a court accepts as true “all factual allegations” it should give “no effect to conclusory allegations of law” when determining whether plaintiff has established the court’s subject matter jurisdiction
  • explaining that courts still “giv[e] no effect to conclusory allegations of law,” and “[t]he plaintiff must assert facts that affirmatively and plausibly suggest that the pleader has the right he claims (here, the right to jurisdiction
  • explaining that on a Rule 12(b)(1) facial challenge, courts “giv[e] no effect to conclusory allegations of law,” and “[t]he plaintiff must assert facts that affirmatively and plausibly suggest that the pleader has the right he claims (here, the right to jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Wollman, Bright, Gibson

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.