Gress v. Freedom Mortg. Corp.

A. Rule 12(b)(1) - Lack of Standing

1. Standard of Review

On a Rule 12(b)(1) motion, a court must first determine if the motion is a "facial" or a "factual" attack. Constitution Party of Pa. v. Aichele , 757 F.3d 347, 357 (3d Cir. 2014). A facial attack "considers a claim on its face" and argues that the claim "is insufficient to invoke the subject matter jurisdiction of the court." Id. at 358. With a facial attack, "the court must only consider the allegations of the complaint and documents referenced therein and attached thereto, in the light most favorable to the plaintiff." Id. (quoting In…