Noting that "where jurisdictional facts are placed in dispute" on a Rule 12(b) motion, "the court has the power and obligation to decide issues of fact by reference to evidence outside the pleadings, such as affidavits" (alteration and citation omitted)
Holding that the district court improperly considered an attorney's affidavit where the affidavit "contain[ed] no information to indicate a basis in personal knowledge for the affiant's conclusory statement"
Fed. R. Evid. 201 Cited 20,322 times 24 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."