Stalley Ex Rel. United States v. Orlando Regional Healthcare System, Inc.

How courts have described this case

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

• holding that the district court should have dismissed the complaint without prejudice because the plaintiff lacked standing
• holding that the plaintiff lacked standing and remanding for reentry of dismissal order without prejudice in a case where a complaint was erroneously dismissed with prejudice
• noting that a dismissal for lack of subject matter jurisdiction is not a judgment on the merits and “is entered without prejudice.”
• explaining that “a factual attack on a complaint challenges the existence of subject matter jurisdiction using material extrinsic from the pleadings, such as affidavits or testimony”
• explaining that a dismissal for lack of standing has the same effect as a dismissal for lack of subject matter jurisdiction under Rule 12(b)(1) and thus is entered without prejudice
• noting that a dismissal for lack of standing should be entered without prejudice

Source: CourtListener parenthetical corpus (CC0).