Parmer v. Bean’s Empirical Analysis
1982
Citation profile
58 state decisions
How this case has been cited
Cited by 58 later decisions — most recently March 2010 · most notably McCracken v. Wal-Mart Stores East, LP (2009), Hightower v. Myers (2010)
58 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 Kemper v. Gluck · Marie v. Standard Steel Works · McCoy v. Briegel · Stix & Co. v. First Missouri Bank & Trust Co. of Creve Coeur · Peer v. MFA Milling Co.
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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A court should grant a motion to dismiss for lack of subject matter jurisdiction whenever “it appears” that the court lacks such jurisdiction. Once a factual question of the court’s jurisdiction is raised, the movant bears the burden of demonstrating that the court’s exercise of jurisdiction is improper. As the term “appears” suggests the quantum of proof is not high. It must appear by the preponderance of the evidence that the court is without jurisdiction.... There are several reasons for a lower burden of proof. One is that a cause of action dismissed for lack of subject matter jurisdiction is dismissed without prejudice. The plaintiff is free to refile another action in the same tribunal or another tribunal which has jurisdiction. The more important reason is that subject matter jurisdiction goes to the very heart of the court’s power to act and determine the rights and duties of the parties. When the court lacks subject matter jurisdiction, any action it takes is null and void.”
1 later decision quote this exact passagee.g. Charron v. State“We conclude that regardless of the manner in which the applicability of the Workmen’s Compensation Law is raised as a defense to a common law cause of action, the trial judge must initially treat it as a motion to dismiss for lack of subject matter jurisdiction. Since this question is a factual one, it is to be left to the sound discretion of the trial judge. The movant will not be required to show by unassailable proof that there is no material issue of fact because the trial judge decides only the preliminary question of his own jurisdiction, which is not a decision on the merits and is without res judicata effect.”
1 later decision quote this exact passage“It is apparent that a motion for summary judgment and a motion to dismiss for lack of subject matter jurisdiction are quite different. Summary judgment purports to be a judgment on the merits with res judicata effects between the parties in which the movant has extremely high burden of proof. A motion to dismiss for lack of subject matter jurisdiction is a preliminary question of the court’s power to act which is not a decision on the merits with res judicata effect, and in which the movant has a lower burden of proof.”
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.