198 Md. App. 337 - Kumar v. Dhanda’s Empirical Analysis

Citation profile

10 district · 12 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Nevertheless, arbitration agreements are private contracts the terms of which are subject to negotiation by the parties. Limitations is an affirmative defense that will be waived if not raised, and therefore is not jurisdictional. The parties negotiating a mandatory non-binding arbitration agreement thus are free to agree to a provision tolling limitations generally or in the event the arbitration process is not concluded before limitations would run. If the parties so agree, it is known from the outset that limitations will not be a bar. If the parties do not so agree, their situation is likemse clear. Limitations will apply (assuming it is raised as an affirmative defense), and therefore any party wanting to make certain that a remedy in circuit court will be available will need to take steps to ensure that arbitration is completed before limitations runs or to file suit and request a stay within the limitations period if timely completion appears unlikely. In any event, the private nature of arbitration agreements allows parties to contractually protect themselves against the running of limitations. Their ability to do so militates against a judicial policy that would suspend the running of limitations merely because an arbitration the parties agreed to undertake was not completed before limitations expired.”

   2 later decisions quote this exact passage
   e.g. Shailendra Kumar, P.A. v. Dhanda · Antar v. Mike Egan Insurance Agency, Inc.

2. “The fact that Dr. Kumar and Dr. Dhanda had contracted, pursuant to the Agreement, to engage in non-binding arbitration as a condition precedent to bringing suit in circuit court did not mean that Dr. Kumar’s causes of action (or Dr. Dhanda’s causes of action) did not accrue under CJP section 5-101 when all of their elements had arisen. (Indeed, both parties’ causes of action necessarily had to have accrued even before arbitration was undertaken; otherwise the arbitrator would not have had the claims before him to resolve.) It meant only that the parties, and each of them, had to take timely steps to engage in arbitration before limitations expired; enter into a further agreement to toll limitations; or file suit and request a stay pending arbitration.”

   2 later decisions quote this exact passage
   e.g. Shailendra Kumar, P.A. v. Dhanda · Antar v. Mike Egan Insurance Agency, Inc.

3. “1. Where a contract specifically requires that the parties submit to non-binding arbitration, and states that the parties may “go to court if not satisfied by the decision of the Maryland Uniform Arbitration Act, [sic]” does the cause of action accrue at the time of the breach or at the time of the non-binding arbitration? 2. When the parties agree not to “go to court” until after a non-binding arbitration, does the statute of limitations begin to run at the time of the breach or at the time a party can “go to court?””

   1 later decision quote this exact passage
   e.g. Shailendra Kumar, P.A. v. Dhanda