Faulks v. Crowder’s Empirical Analysis
2002
Citation profile
4
cited by 4 later decisions
1
states following
July 2013
most recently cited
4 state decisions
Relationships
Relies on Stein v. Davidson Hotel Co. · Owens v. Truckstops of America · Cook v. Spinnaker's of Rivergate, Inc. · Frye v. Blue Ridge Neuroscience Center, P.C. · Goss v. Hutchins
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a general rule, defects in process, service of process, and return of service may be waived. The Tennessee Rules of Civil Procedure expressly state that where the issue is not raised properly, the defendant waives the objection. The failure of a defendant to challenge insufficiency of process in accordance with Rule 8.03 will constitute a waiver of the matter raised in a motion. Barker v. Heekin Can Co., 804 S.W.2d 442 (Tenn.1991), accord: Goss v. Hutchins, 751 S.W.2d 821 (Tenn.1988). It is also generally held that a defendant may also, by his conduct, be estopped to object that proper service was not made. See generally, 72 C.J.S. Process § 99 (1987); 108 A.L.R. Fed. 887 (19[92]). Such conduct may include participating in discovery, Martin v. Mills, 138 F.R.D. 151, 153 (S.D.Ga.1991); Federal Deposit Insurance Corp. v. Denson, 139 F.R.D. 346, 348 (S.D.Miss.1990), in addition to failing to raise the issue of insufficiency of service clearly or with the necessary specificity. See Barker [, 804 S.W.2d] at 443, and Green v. Mapco Petroleum, Inc., 183 F.R.D. 506 (W.D.Tenn.1990).”
1 later decision quote this exact passage · from the majority“In pleading to a preceding pleading, a party shall set forth affirmatively facts in short and plain terms relied upon to constitute accord and satisfaction, arbitration and award, express assumption of risk, comparative fault (including the identity or description of any other alleged tortfeasors), discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, statute of repose, waiver, workers’ compensation immunity, and any other matter constituting an affirmative defense.”
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.