Tasini v. New York Times Co., Inc.

How courts have described this case

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

• “Failure to exhaust administrative remedies permits a court to dismiss the action because no subject matter jurisdiction exists.”
• “Failure to exhaust administrative remedies permits a court to dismiss the action because no subject matter jurisdiction exists.”
• “Since a factual jurisdictional challenge is involved, the court is permitted to refer to evidence extrinsic to the pleadings.”
• “Since a dismissal pursuant to Rule 12(b)(1) is without prejudice, that is, it is not on the merits and has no res judicata effect . . . .”
• “[W]here a party has had an opportunity to submit affidavits or other proof to oppose the factual challenge raised by an adversary on a motion made pursuant to Rule 12(b)(1
• “An objection to standing is properly made on a Rule 12(b)(1) motion.”

Source: CourtListener parenthetical corpus (CC0).