What is the test for dismissing a complaint for lack of subject matter jurisdiction?
MultiRegion, United States of America
The following excerpt is from Chen v. Coven, 15-3464 (2nd Cir. 2017):
In reviewing the dismissal of a complaint for lack of subject matter jurisdiction, we review legal conclusions de novo and accept "all material facts alleged in the complaint as true and draw[] all reasonable inferences in the plaintiff's favor." Liranzo v. United States, 690 F.3d 78, 84 (2d Cir. 2012). "The plaintiff bears the burden of proving subject matter jurisdiction by a preponderance of the evidence." Id. (citation omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the federal district court have jurisdiction to dismiss the complaint for lack of subject matter jurisdiction? (MultiRegion, United States of America)
Can a Rule 12(b)(1) motion for lack of subject matter jurisdiction be used to attack the substance of a complaint's jurisdictional allegations? (MultiRegion, United States of America)
When reviewing the dismissal of a complaint for lack of subject matter jurisdiction, how do we review the factual findings and legal conclusions de novo? (MultiRegion, United States of America)
When will a court dismiss a complaint for lack of subject matter jurisdiction? (MultiRegion, United States of America)
When will a motion to dismiss for lack of subject matter jurisdiction be dismissed? (MultiRegion, United States of America)
Can a motion to dismiss a case that lacks Article III standing be dismissed for a lack of subject matter jurisdiction? (MultiRegion, United States of America)
What is the effect of a de novo dismissal of a complaint for lack of subject matter jurisdiction? (MultiRegion, United States of America)
What is the test for an appeal pro se from a dismissal of a complaint for lack of subject matter jurisdiction? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
On a Rule12(b)(1) motion to dismiss for lack of subject matter jurisdiction, what is the burden of proof? (MultiRegion, United States of America)
