117 Md. App. 108 - Waicker v. Colbert’s Empirical Analysis
1997
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently August 2020
23 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 Brohawn v. Transamerica Insurance · St. Paul Fire & Marine Insurance v. Pryseski · Truck Insurance Exchange v. Marks Rentals, Inc. · A. S. Abell Co. v. Sweeney · Board of Trustees v. John K. Ruff, Inc.
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For example, a defendant in a tort case might have several legal defenses in addition to the contention that he committed no wrongful act. The parties might desire to have a trial of only one such legal defense, instead of incurring the expense and time of trying the entire case, on the ground that a ruling favorable to the defendant would be dispositive of the case. Rule 2-502, permitting the trial of a single question, was designed for such situation. A “problem” with the Rule 2-502 procedure, from the limited viewpoint of the parties in a particular case, might be that a ruling in the 2-502 proceeding unfavorable to the defendant could not, under the language of the rule, be appealed until “after entry of an appealable order or judgment.” Consequently, unless the 2-502 decision disposes of an entire “claim” and is certified as a final judgment in accordance with Rule 2-602, it could not be immediately appealed. In order to evade the final judgment requirement, the parties, instead of invoking the authorized procedure set forth in Rule 2-502, might make the question of law the subject of a separate declaratory judgment action.”
1 later decision quote this exact passage“Strong policy considerations support application of this rule. Absent such a rule, “almost any pending action could be interrupted and held at bay until the determination, in one or more subsequently instituted declaratory judgment actions, of issues culled out of the pending action.” Issuing a declaratory judgment under such circumstances “would unduly burden the courts,” and would be undesirable ... and contrary to our policy which favors the determination of related matters in a single action.”
1 later decision quote this exact passage“as a general rule, courts will not entertain a declaratory judgment action “if there is pending, at the time of the commencement of the action for declaratory relief, another action or proceeding involving the same parties and in which the identical issues that are involved in the declaratory action may be adjudicated.””
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.