Bailey v. Woel’s Empirical Analysis

Citation profile

54 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Court thoroughly examined the Act in Attorney General v. Johnson, supra, 282 Md. 274 , 385 A.2d 57 [1978]. Our Johnson opinion made it clear that one of the goals of the General Assembly in establishing the arbitration procedure was to provide a means whereby court suits could be avoided as much as possible. The provision for arbitration was described as a requirement “that the litigants attempt to resolve their dispute by submitting it to an arbitral panel before presenting the controversy to a court for resolution.” ... Clearly, then, the Court in Johnson interpreted the Act as requiring a thorough dispute resolution process in which a plaintiff would produce evidence to prove his case before the arbitration panel prior to filing suit in court. Further support for requiring claimants to produce evidence before a medical malpractice arbitration panel is found in § 3-2A-05(d) of the Act, which provides that the “arbitration panel shall first determine the issue of liability with respect to a claim____” Obviously, if the panel has no evidence from which to determine liability, as the plaintiffs concede was the case here, the panel cannot perform its first duty.”

   1 later decision quote this exact passage
   e.g. 99 Md. App. 477 - Curry v. Hillcrest Clinic, Inc.

2. ““... [A]s this Court noted in Kindley v. Governor of Maryland, 289 Md. 620, 625 , 426 A.2d 908 (1981), ‘a construction of a statute which is “unreasonable, illogical or inconsistent with common sense should be avoided.” ’ Accepting the plaintiffs’ argument would mean that the General Assembly had enacted, in §§ 3-2A-04 and 3-2A-05, an elaborate arbitration scheme providing, inter alia, detailed procedures for selection of arbitrators, duties of the arbitrators, and hearings before the panel, made the scheme mandatory, and then provided a medical malpractice claimant with the option to follow or not follow the scheme. We cannot countenance such an illogical construction of the statute.” Id. at 43, 485 A.2d at 267 .”

   1 later decision quote this exact passage
   e.g. McClurkin v. Maldonado

3. ““[Ujnder the Maryland statute, a plaintiff who presents no evidence before a medical malpractice arbitration panel has not satisfied the condition precedent of submitting his claim to arbitration prior to instituting court action. The proper action for a circuit court to take when such a claim is filed is to dismiss the claim.””

   1 later decision quote this exact passage
   e.g. Wyndham v. Haines