Can a Rule 12(b)(1) motion make a facial attack on the existence of jurisdiction?
MultiRegion, United States of America
The following excerpt is from Kim v. United States, 1:16-cv-01656-LJO-SKO (E.D. Cal. 2017):
A Rule 12(b)(1) motion may make facial or factual attacks on the existence of jurisdiction. Safe Air for Everyone v. Meyer, 373 F.3d 1034, 1039 (9th Cir. 2004). A facial attack contests whether the
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