191 F. Supp. 2d 626 - Johnson v. Price’s Empirical Analysis
2001
Citation profile
3 district · 2 state decisions
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005)
Relies on Owen Equipment & Erection Co. v. Kroger · Navarro Savings Assn. v. Lee · Virginia Elec. & Power Co. v. Westinghouse Elec. Corp. · Waddell v. Kirkpatrick · Walker v. Essex
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An examination of the Maryland statute and related case law reveals that Price has a real, legally cognizable interest in this wrongful death case, and, further, that her rights to wrongful death benefits for the death of her father must be adjudicated as part of the wrongful death suit brought by her mother. Maryland’s wrongful death statute explicitly permits only one wrongful death lawsuit to be brought by the beneficiaries of a decedent. See Md.Code Ann., Cts. & Jud. Proc. § 8 — 904(f); see also Waddell v. Kirkpatrick, 331 Md. 52 , 626 A.2d 353, 359 (Md.1993); Walker v. Essex, 318 Md. 516 , 569 A.2d 645, 647 (Md.1990). In that single action, the beneficiaries of the decedent — including the decedent’s spouse, parents, and children, who are considered “primary beneficiaries” — share any damages that are awarded in proportion to the injuries they suffered as a result of the decedent’s death. Md.Code Ann., Cts. & Jud. Proc. §§ 3-904(a), (c), (e). Maryland law thus makes clear that all beneficiaries in wrongful death lawsuits are the real parties in interest in these suits. See, e.g., Robinson v. Lewis, 20 Md.App. 710 , 317 A.2d 854, 857 (1974) (explaining that wrongful death actions “must ... be filed in the name of the real parties in interest”). Indeed, if one of a decedent’s beneficiaries is absent from a wrongful death lawsuit, Maryland law requires that a judgment rendered in favor of the beneficiary or beneficiaries who did prosecute the suit be vacated. See Walker, 56”
2 later decisions 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.