The Branson Label, Inc. v. City of Branson

How courts have described this case

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

• noting that in a facial attack to jurisdiction under Fed. R. Civ. P. 12(b)(1), the court must “see if plaintiff has sufficiently alleged a basis of subject matter jurisdiction”
• explaining difference between facial attack to subject-matter jurisdiction where the court is limited to the face of the pleadings and a factual attack to subject-matter jurisdiction where “matters outside the pleadings, such as testimony and affidavits, are considered”
• noting assignee-corporation was created only days before the lawsuit was filed
• “First a court deciding a motion under Rule 12(b)(1) must distinguish between a facial attack and a factual attack.”
• factors listed provide a helpful guide in evaluating the totality of the circumstances
• heightened scrutiny applies to an assignment made between closely related business entities

Source: CourtListener parenthetical corpus (CC0).