140 Md. App. 69 - Azarian v. Witte’s Empirical Analysis

Citation profile

8 state decisions

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “does not imply that the [HCADRO] has made any determination as to the merits of that certificate [of qualified expert]. Indeed, upon the proper filing of waiver of arbitration, all further proceedings before the [HCADRO], including discovery, cease____Just as the filing of a jury request divests the district court of jurisdiction to consider the jury prayer or to conduct any further proceedings, the filing of a waiver of arbitration divests the [HCADRO] of any right to consider the validity of a certificate of [qualified expert] or to conduct any further proceedings, except to transfer the claim at issue to the circuit court.”

   1 later decision quote this exact passage
   e.g. Kearney v. Berger

2. “Before July 1, 1986, medical malpractice claimants were not required to provide [a qualified expert’s certificate] or face dismissal of their claims. The current requirements of § 3-2A-04(b)(l)(i) apply only to claims filed after July 1, 1986. By imposing this and other mandatory procedural requirements on claimants, the Act in effect modifies the common law. It not only determines who may testify for a claimant but whether a claimant has an action at all. As the Act in general and the “attesting expert” provision in particular are in derogation of the common law, they must be narrowly construed.”

   1 later decision quote this exact passage
   e.g. 167 Md. App. 460 - Osborne v. Walzer