Dashiell v. Meeks’s Empirical Analysis

Citation profile

4 district · 99 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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) one of the parties takes a factual position that is inconsistent with a position it took in previous litigation, (2) the previous inconsistent position was accepted by a court, and (3) the party who is maintaining the inconsistent positions must have intentionally misled the court in order to gain an unfair advantage.”

   7 later decisions quote this exact passage · from the majority
   e.g. Donlon v. Montgomery Co. Public Schools · Lillian C. Blentlinger, LLC v. Cleanwater Linganore, Inc.

2. “(a) Scope of Rule. This Rule governs only judicial notice of adjudicative facts. Sections (d), (e), and (g) of this Rule do not apply in the Court of Special Appeals or the Court of Appeals. (b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (c) When discretionary. A court may take judicial notice, whether requested or not. (d) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information. (e) Opportunity to be heard. Upon timely request, a party is entitled to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. (f) Time of taking notice. Judicial notice may be taken at any stage of the proceeding. (g) Instructing jury. The court shall instruct the jury to accept as conclusive any fact judicially noticed, except that in a criminal action, the court shall instruct the jury that it may, but is not required to, accept as conclusive any judicially noticed fact adverse to the accused.”

   2 later decisions quote this exact passage · from the majority
   e.g. Eastern Shore Title Co. v. Ochse · 216 Md. App. 386 - Abrishamian v. Washington Medical Group, P.C.

3. “[A] party who signs a contract is presumed to have read and understood its terms[.]”

   2 later decisions quote this exact passage · from the majority
   e.g. Presidential Bank, FSB v. 1733 27th St. SE LLC · 238 Md. App. 1 - Peterson v. Evapco, Inc.