Wagner Furniture Interiors Incorporated v. Kemner's Georgetown Manor Incorporated Kemner's Georgetown Manor Incorporated’s Empirical Analysis
929 F.2d 343 · 1991
Citation profile
6 federal appellate · 1 district ·
How this case has been cited
Cited by 22 later decisions — most recently December 2015
6 federal appellate · 1 district ·
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 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Gomez v. Illinois State Board of Education · Garbincius v. Boston Edison Co. · John C. Marston, Etc. v. American Employers Insurance Co., Rita J. Wallace, Administratrix v. American Employers Insurance Co. · Summers v. Interstate Tractor & Equipment Co. · 22 Ill. App. 3d 989 - Amerco Field Office v. Onoforio
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a party desires to raise an issue as to the legal existence of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party desiring to raise the issue shall do so by specific negative averment, which shall include supporting particulars as are peculiarly within the pleader’s knowledge.”
4 later decisions quote this exact passage · from the majority“[Although an objection to a party’s capacity is not an affirmative defense, it can be analogized to an affirmative defense and treated as waived if not asserted by motion or responsive pleading, subject, of course, to the liberal amendment policy of Rule 15. Early waiver is necessary to give meaning to the requirement in Rule 9(a) that capacity must be put in issue by a “specific negative averment.””
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.