Global Technology, Inc. v. Yubei (XinXiang) Power, No. 14-2319 (6th Cir. 2015)
Annotate this CaseAVIC filed an interlocutory appeal of the district court's denial of its motion to dismiss asserting immunity under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602 et seq. The court held that the district court erred by treating AVIC's challenge to federal jurisdiction under Federal Rule of Civil Procedure 12(b)(1) as a facial challenge and thus taking plaintiff’s factual allegations as true because AVIC's challenge is a factual challenge rather than a facial one. Although the parties agree on a number of important facts, there remain material factual disputes that the district court must decide in order to determine whether it has jurisdiction. Accordingly, the court vacated the district court's judgment and remanded for further proceedings.
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