195 Md. App. 32 - Pace v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “19. [The State] [defendants ... are under a regulatory duty pursuant to COMAR 13A.06.01.01 to administer the State’s public school lunch programs in accordance with the provisions of the [NSLA], codified as amended at 42 U.S.C. § 1751 et seq. (2006). The statutory provisions of the Act impose an affirmative duty on the State of Maryland to tailor school lunch program menus and foods offered to individual students according to their “individual dietary and medical” needs. 42 U.S.C. § 1758 (2006). The Code of Federal Regulations also requires monitoring by the states to ensure compliance with the statute. 7 C.F.R. § 15b; 7 C.F.R. § 210.10 (g)(1). 20. The explosive nature of peanut allergy, moreover, is specifically well-known to the State, which has developed extensive policies for the management of anaphylactic reac tions; however, the State has not applied these metrics and administrative strategies to the management of individual dietary needs of students in school lunch programs, statewide. The State, therefore, has breached its statutory duty under the [NSLA]. This is all the more egregious, because the State has an extensive policy for after-the-fact management of anaphylactic reactions, yet no specific administrative protocol in place to minimize dietary exposures in school lunch programs so such exposures do not occur. 21. As a result of the State’s negligence, school administration and cafeteria staff at the Hillcrest Elementary School did not have the proper dietary “”

   1 later decision quote this exact passage
   e.g. Pace Ex Rel. Pace v. State

2. “In the case sub judice, it is not disputed that the State had a statutory obligation to establish a free feeding program and to ensure that it was implemented in the schools. This program includes a provision to ensure that the needs of children with special dietary needs are met. However, the State did not have a specific statutory duty to control the acts of the school employees or to ensure that each child received the correct food.[ 3 ]”

   1 later decision quote this exact passage
   e.g. Pace Ex Rel. Pace v. State

3. “Whether the trial court erred in granting the State Defendants’ Motion to Dismiss, finding that the State had no duty of care to the Plaintiff’s daughter], rather than a special or statutory duty to ensure her ‘individual,’ ‘special’ dietary needs were met and to protect her from discrimination on the basis of either race or disability in the administration of the school lunch program[.]”

   1 later decision quote this exact passage
   e.g. Pace Ex Rel. Pace v. State