Tiernan v. Dunn’s Empirical Analysis
1969
Citation profile
6 federal appellate · 1 state decisions
How this case has been cited
Cited by 11 later decisions — most recently May 2014
6 federal appellate · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Crest Auto Supplies, Inc. v. Ero Manufacturing Co. · Bethlehem Steel Corp. v. Devers · W. H. Elliott & Sons Co., Inc. v. Neodex Products Co., Inc., E. & F. King & Co., Incorporated, Cross-Claimant v. Nuodex Products Co., Inc., Cross-Defendant · Stavang v. American Potash & Chemical Corp. · Ralph A. Varone v. Alice E. Varone
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Whatever may have been the defendant’s reason for not raising her additional defenses on her initial motion, the fact remains that she did not do so. She could have saved all her grounds by making a consolidated motion and still have obtained the expeditious dismissal on the 12(b) (6) basis she now claims to have been seeking. To permit this defense to be raised now would undermine the very purpose of Rule 12(g), (h), which is the avoidance of time-consuming, piece-meal litigation of pre-trial motions.” Tiernan v. Dunn, 295 F.Supp. 1253, 1256 (D.C.R.I.1969).”
1 later decision quote this exact passage · from the majoritye.g. Ryan v. Glenn“A party who makes a motion under this rule may join with it any other motions herein provided for and then available to him. If a party makes a motion under this rule but omits therefrom any defense or objection then available to him which this rule permits to be raised by motion, he shall not thereafter make a motion based on the defense or objection so omitted ...”
1 later decision quote this exact passage · from the majority“A defense of lack of jurisdiction over the person ... is waived ... if omitted from a motion in the circumstances described in subdivision (g) ...”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.