Debbas v. Nelson’s Empirical Analysis
2005
Citation profile
2 district · 43 state decisions
How this case has been cited
Cited by 45 later decisions — most recently July 2022 · most notably Breslin v. Powell (2011), Washington Suburban Sanitary Commission v. Phillips (2010)
2 district · 43 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Attorney General v. Johnson · Okwa v. Harper · Davis v. Slater · Adamson v. Correctional Medical Services, Inc. · Witte v. Azarian
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A Certificate attesting to “a departure from the standards of care,” without ascribing the departure to the persons named in the claim, is inadequate. The actions of two or more persons may have caused an injury. A claimant may, for tactical reasons, choose to sue less than all of those persons. A certificate attesting to “a breach”, without identifying the allegedly negligent person, makes it impossible to determine if the expert is certifying a breach by the person or persons named in the claim, or instead some non-defendant. [A] certificate which only attests to “a” departure, without linking the departure to the defendant(s), does not serve the statutory purpose.”
1 later decision quote this exact passage“There is no express requirement that the expert's qualifications be stated in the certificate. However, discovery is available so that an opposing party may ascertain the legitimacy of the certificate, and the qualifications of the attestor. The plain language of CJ § 3-2A-04(b)(3)(ii) provides that "[discovery is available as to the basis of the [Certificate].” This language clearly contemplates that consideration of evidence outside of the pleadings may be necessary to assess the sufficiency of a certificate.”
1 later decision quote this exact passagee.g. Breslin v. Powell“In reviewing the underlying grant of a motion to dismiss, we must assume the truth of the well-pleaded factual allegations of the complaint, including the reasonable inferences that may be drawn from those allegations. In the end, “[dismissal is proper only if the complaint would fail to provide the plaintiff with a judicial remedy.” In sum, because we must deem the facts to be true, our task is confined to determining whether the trial court was legally correct in its decision to dismiss.”
1 later decision quote this exact passage
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.