Kapua v. United States
District Court, D. Oregon
1Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JOHN KAPUA, Case No.: 3:24-cv-00357-AN Plaintiff, v. OPINION AND ORDER UNITED STATES, Defendant. Plaintiff John Kapua brings this negligence action against defendant United States. Defendant moved to dismiss plaintiff's action for lack of subject matter jurisdiction. For the reasons stated herein, defendant's Motion to Dismiss for Lack of Jurisdiction, ECF [8], is GRANTED. LEGAL STANDARD Under Federal Rule of Civil Procedure 12(b)(1), a motion to dismiss for lack of jurisdiction may be a facial or factual attack. Safe Air for…
2Cases cited22 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. SherwoodSupreme Court of the United States · 1941
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Safe Air for Everyone v. MeyerCourt of Appeals for the Ninth Circuit · 2004
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