Ennenga v. Starns’s Empirical Analysis
677 F.3d 766 · 2012
Citation profile
8 federal appellate · 3 district ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 46
Relies on 199 Ill. 2d 325 - Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc. · 179 Ill. 2d 367 - Best v. Taylor MacHine Works · 184 Ill. 2d 290 - River Park, Inc. v. City of Highland Park · 92 Ill. 2d 13 - Pelham v. Griesheimer · 79 Ill. 2d 295 - Anderson v. Wagner
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Rule 12(g)(2) does not prohibit a new Rule 12(b)(6) argument from being raised in a successive motion. Stated differently, Rule 12(h)(2) specifically excepts failure-to-state-a-claim defenses from the Rule 12(g) consolidation requirement. The policy behind Rule 12(g) is to prevent piecemeal litigation in which a defendant moves to dismiss on one ground, loses, then files a second motion on another ground. (Citation omitted). Rule 12(h)(1) enforces this consolidation requirement by adding a waiver rule: “A party waives any defense listed in Rule 12(b)(2)-(5) by ... omitting it from a motion in the circumstances described in Rule 12(g)(2)” or by failing to preserve it “by motion under this rule” or “in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course.” Fed. R.Civ.P. 12(h)(1). Note the limitation, however. The Rule 12(h)(1) waiver rule applies only to the defenses listed in Rule 12(b)(2)-(5) (lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process). Failure-to-state a-claim defenses are thus excepted from the Rule 12(g)(2) consolidation requirement and not included in the Rule 12(g)(1) waiver rule.”
1 later decision quote this exact passage · from the majority“A court may take judicial notice of facts that are (1) not subject to reasonable dispute and (2) either generally known within the territorial jurisdiction or capable of accurate and ready determination through sources whose accuracy cannot be questioned.”
1 later decision quote this exact passage · from the majority“Taking judicial notice of matters of public record need not convert a motion to dismiss into a motion for summary judgment.” (citation omitted)). Citations to the docket in the SEC action are designated”
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.