United States v. Imperial Products, 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 to make a factual attack on the jurisdictional allegations of the complaint, the court may receive competent evidence in order to determine the factual dispute
• stating that “[i]n a facial challenge to jurisdiction, all of the factual allegations concerning jurisdiction are presumed to be true”
• explaining a court “may receive competent evidence such as affidavits, deposition testimony, and the like in order to determine the factual dispute”
• Osborn v. United States , 918 F.2d 724 , 729 n.6 (8th Cir. 1990)
• To “make a factual attack on the jurisdictional allegations of the complaint, the court may receive competent evidence such as affidavits . . . in order to determine the factual dispute.”
• “In order to properly dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), the complaint must be successfully challenged on its face or on the factual truthfulness of its averments.”

Source: CourtListener parenthetical corpus (CC0).