Carrion v. Linzey’s Empirical Analysis

Citation profile

2 district · 22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Effect. Unless otherwise provided by statute or by these rules, in all civil actions a presumption imposes on the party against whom it is directed the burden of producing evidence to rebut the presumption. If that party introduces evidence tending to disprove the presumed fact, the presumption will retain the effect of creating a question to be decided by the trier of fact unless the court concludes that such evidence is legally insufficient or is so conclusive that it rebuts the presumption as a matter of law.”

   2 later decisions quote this exact passage
   e.g. City of Frederick v. Shankle · 126 Md. App. 556 - McQuay v. Schertle

2. “All malpractice claims against health care providers seeking damages of more than $5,000 are subject to the provisions of the Act, and must be initially filed, as must the responses to them, with the Health Claims Arbitration Office, created by the statute “as a unit in the Executive Department.” The office, acting through its director, refers all issues raised to a three-member arbitration panel, chosen at random from lists of qualified persons prepared and maintained by the director; the panel for each claim is to be composed of an attorney, a health care provider, and a member of the general public. The arbitration panel determines whether the health care provider is liable to the claimant and if so the extent of the damages, and incorporates in its award an assessment of costs, including arbitrators’ fees; if no party rejects the award, it becomes final and binding, is filed by the director with the appropriate circuit court, and when confirmed by that court constitutes a final judgment. Neither party, however, is in any way bound to accept the award; it may be rejected for any reason within ninety days. If a party desires to contest the decision of the panel, he must file an action in the appropriate court during the ninety-day period to nullify the award, and jury trial may be elected by either party. Any contention that an award should be vacated on the grounds of corruption, fraud, partiality or the like is to be decided by the court prior to trial. Unless the award i”

   1 later decision quote this exact passage
   e.g. Debbas v. Nelson

3. “In a “bursting bubble” presumption, the jury is never told about the presumption. Alternatively, a Morgan-type presumption shifts the burden of persuasion on a given issue. Graham C. Lilly, An Introduction to the Law of Evidence 54 (1978) (citing Edmund Morgan, Some Problems of Proof 74-81 (1956)). 5 In a Morgan-type presumption there is no need to inform the jury of the presumption, only of the allocations of the burden of persuasion. Instead of either of these approaches, we adopted Md. Rule 5-301.”

   1 later decision quote this exact passage
   e.g. 217 Md. App. 626 - Cooper v. Singleton