Upload a complaint or brief to quickly find on-point case law.
CARA A.I. uses the facts and legal issues in your document to find relevant authorities.
Drag a complaint or brief hereUpload a complaint or briefPDF documentWORD documentTXT documentOr, choose a document to uploadChoose DocumentSecure
Find on-point cases faster with CARA A.I.
§

Kim v. U.S.

609 F. Supp. 2d 499 (D. Md. 2009)
Depth of Treatment
Newest to Oldest
Oldest to Newest
Cite Count
Kim v. U.S.

3 Citing cases

  1. Merchant v. Prince George's Cnty.

    948 F. Supp. 2d 515 (D. Md. 2013)   Cited 17 times
    Concluding that "the issuance of a right-to-sue letter by the EEOC functions as a cut-off date for amendments"

    When, as here, “the challenge is made, not to the sufficiency of the jurisdictional allegations, but to the underlying facts supporting those allegations, a trial court may go beyond the allegations of the complaint and may consider evidence by affidavit, depositions or live testimony without converting the proceeding to one for summary judgment.” Mi Ah Kim v. United States, 609 F.Supp.2d 499, 504 (D.Md.2009) (quoting Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir.1982)) (internal quotation marks omitted). Nonetheless, a Rule 12(b)(1) motion that challenges the facts upon which jurisdiction is premised should be analyzed pursuant to similar standards: “The district court should apply the standard applicable to a motion for summary judgment, under which the nonmoving party must set forth specific facts beyond the pleadings to show that a genuine issue of material fact exists.”

  2. EQUAL EMPLOYMENT OPPORTUNITY COM. v. AMX COMMUNICATIONS

    CIVIL NO.: WDQ-09-2483 (D. Md. Jun. 29, 2010)

    When, as here, "the challenge is made, not to the sufficiency of the jurisdictional allegations, but to the underlying facts supporting those allegations, a trial court may go beyond the allegations of the complaint and may consider evidence by affidavit, depositions or live testimony without converting the proceeding to one for summary judgment." Kim v. United States, 609 F. Supp. 2d 499, 504 (D. Md. 2009) (quoting Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir. 1982)) (internal quotation marks omitted). When the factual predicate of subject matter jurisdiction is challenged, "the presumption of truthfulness normally accorded a complaint's allegation does not apply, and the district court is entitled to decide disputed issues of fact with respect to . . . jurisdiction."

  3. D2L Ltd. v. Blackboard, Inc.

    671 F. Supp. 2d 768 (D. Md. 2009)   Cited 58 times
    Noting that the interest of justice "weighs heavily in favor of transfer when a related action is pending in the transferee forum"

    When, as here, "the challenge is made, not to the sufficiency of the jurisdictional allegations, but to the underlying facts supporting those allegations, a trial court may go beyond the allegations of the complaint and may consider evidence by affidavit, depositions or live testimony without converting the proceeding to one for summary judgment." Kim v. United States, 609 F. Supp. 2d 499, 504 (D. Md. 2009) ( quoting Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir. 1982)) (internal quotation marks omitted). 2. Blackboard's Motion