Creditors' Rights & Bankruptcy Litigation and Enforcement

In federal courts, a case will be dismissed for lack of subject-matter jurisdiction if the court lacks the “statutory or constitutional power to adjudicate it.” Rule 12 (b) (1) of the Federal Rules of Civil Procedure requires that a plaintiff prove subject-matter jurisdiction by a preponderance of the evidence. A federal district court lacks subject-matter jurisdiction under the Rooker-Feldman doctrine when a plaintiff complains of an injury caused by a state court judgment. Although the Rooker-Feldman doctrine appears simple in principle, it is complex in application.

Click here to read the article written by Kenneth Misken and Kristen Siracusa.