150 Md. App. 369 - Gress v. ACandS, Inc.’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Because the appellate court applies the law in effect on the date that it files its opinion, rather than the law in effect when the circuit court made the ruling at issue, there are cases in which a post-ruling change in — or a clarification of — the applicable law makes the entry of a final judgment under Md. Rule 8-602(e)(l)(C) appropriate even if the circuit court’s refusal to enter a final judgment did not constitute an abuse of that court’s discretion. The cases at bar are such cases. It is appropriate for this Court to enter final judgments in order to decide the issue of whether appellants are entitled to join in one action their claims against the Asbestos Defendants and the Cigarette Defendants.””

   1 later decision quote this exact passage
   e.g. Brown & Williamson Tobacco Corp. v. Gress

2. ““If the appellate court determines that the order from which the appeal is taken was not a final judgment when the notice of appeal was filed but that the lower court had discretion to direct the entry of a final judgment pursuant to Rule 2—602(b), the appellate court may, as it finds appropriate, (A) dismiss the appeal, (B) remand the case for the lower court to decide whether to direct the entry of a final judgment, (C) enter a final judgment on its own initiative or (D) if a final judgment was entered by the lower court after the notice of appeal was filed, treat the notice of appeal as if filed on the same day as, but after, the entry of the judgment.””

   1 later decision quote this exact passage
   e.g. Silbersack v. ACandS, Inc.

3. ““Because appellants seek to hold both the Cigarette Defendants and the Asbestos Defendants liable under the “synergy theory,” the claims against both groups will involve a substantial amount of “common proof.” Moreover, it is more likely so than not so that a jury considering only appellants’ claims against the Asbestos Defendants would be presented with evidence that appellants’ injuries were caused and/or aggravated by their use of tobacco.””

   1 later decision quote this exact passage
   e.g. Brown & Williamson Tobacco Corp. v. Gress