Issue: How are questions of subject matter jurisdiction resolved in federal courts?
| Area of Law: | Litigation & Procedure |
| Keywords: | Motion to dismiss; Lack of subject matter jurisdiction |
| Jurisdiction: | Federal |
| Cited Cases: | 327 U.S. 678 |
| Cited Statutes: | Rule 12(b)(1) |
| Date: | 04/01/2001 |
When considering a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), a court cannot dismiss the complaint if it purports to set forth a federal claim that is not insubstantial or frivolous. Buchler v. United States, 384 F. Supp. 709 (E.D. Cal. 1974). The Supreme Court has noted that “[j]urisdiction is not defeated by the possibility that the averments [in the complaint] might fail to state a cause of action on which petitioners could actually recover.” Bell v. Hood, 327 U.S. 678, 682, 66 S. Ct. 773 (1946).
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