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|
|Cited Cases:||327 U.S. 678|
|Cited Statutes:||Rule 12(b)(1)|
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).