Gissen v. Tackman’s Empirical Analysis
1975
Citation profile
2 federal appellate · 1 state decisions
How this case has been cited
Cited by 6 later decisions — most recently April 1991
2 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
Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on Commissioner v. Sunnen · Cromwell v. County of Sac · Baltimore Co v. Phillips · Mills v. Alabama · Smith v. McNeal
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is clear that a judgment is ‘on the merits’ where the substance of the claim, as distinguished from matters of practice, procedure, jurisdiction or form, has been determined. Clegg v. United States, 112 F.2d 886, 887 (10th Cir. 1940); see Etten v. Lovell Mfg. Co., 225 F.2d 844, 846 (3d Cir. 1955); Restatement of Judgments § 49 (1942). Where the Court merely holds that there is some technical or procedural reason why the plaintiff cannot recover on his cause of action, the judgment is not deemed to be ‘on the merits’. Dismissals by reason of lack of jurisdiction or improper venue are examples of those judgments which have consistently been held to be ‘not upon the merits’. Smith v. McNeal, 109 U.S. 426 , 3 S. Ct. 319 , 27 L.Ed, 986 (1883); Etten v. Lovell Mfg. Co., supra. It is well settled that a judgment dismissing a complaint pursuant to Fed.R.Civ.P. 12 (b) (6) is presumed to be on the merits for res judicata purposes, unless the contrary appears on the record. In a subsequent suit on the same claim the judgment has the same effect as if it was rendered after trial. See Bartsch v. Chamberlin Co., 266 F.2d 357 (6th Cir. 1959); 1B Moore, Federal Practice ¶ 0.409[1] (2d ed. 1942). Since the order of dismissal in Gissen I was not based upon lack of jurisdiction (as in the case of Miller v. Saxbe) or improper venue, and did not specify that it was not upon the merits, it operated as an adjudication upon the merits sufficient to allow the application of the doctrine of res ju”
1 later decision quote this exact passage
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.