Returning Subscriber?
Not a Subscriber to Litigation Pathfinder?
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!
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).
[…]
Subscribe to Litigation Pathfinder
To get the full-text of this Legal Memorandum ... and more!
(Month-to-month and annual subscriptions available)
Get the full text of this legal issue, including links to cited primary law, along with unlimited access 1,000’s of other legal issues…and more!