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Court Cautions Against ‘Drive-By’ Jurisdiction Rulings (access required)

By Deborah Elkins
Published: February 29, 2012

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Invoking the Supreme Court’s warning against “drive-by jurisdictional rulings,” the 4th Circuit sorts out the differences between motions under 12(b)(1) and 12(b)(6) and reverses the district court’s dismissal of a Jones Act claim, saying plaintiff’s allegation of injury to his hand from a dockside conveyor belt stated a Jones Act claim. Plaintiff’s complaint purports to allege ...
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