D'AOUST v. Diamond’s Empirical Analysis

Citation profile

2 district · 100 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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On review of an order granting summary judgment, our analysis “begins with the determination [of] whether a genuine dispute of material fact exists; only in the absence of such a dispute will we review questions of law.” D’Aoust v. Diamond, 424 Md. 549, 574 , 36 A.3d 941, 955 (2012) (quoting Appiah v. Hall, 416 Md. 533, 546 , 7 A.3d 536, 544 (2010)); O’Connor v. Balt. Cnty., 382 Md. 102, 110 , 854 A.2d 1191, 1196 (2004). If no genuine dispute of material fact exists, this Court determines “whether the Circuit Court correctly entered summary judgment as a matter of law.” Anderson v. Council of Unit Owners of the Gables on Tuckerman Condo., 404 Md. 560, 571 , 948 A.2d 11, 18 (2008) (citations omitted). Thus, “[t]he standard of review of a trial court’s grant of a motion for summary judgment on the law is de novo, that is, whether the trial court’s legal conclusions were legally correct.” D’Aoust, 424 Md. at 574 , 36 A.3d at 955 .”

   8 later decisions quote this exact passage
   e.g. 237 Md. App. 247 - Blankenship v. State of Md./MTA · 232 Md. App. 602 - Duffy v. CBS Corp.

2. “(i) The position was created by law and involves continuing and not occasional duties, (ii) The holder performs an important public duty, (iii) The position calls for the exercise of some portion of the sovereign power of the State, (iv) The position has a definite term for which a commission is issued and a bond and an oath are required. ... [T]hese factors are not conclusive to our determination!,] and!,] even if an individual does not meet these criteria, he [or she] may nonetheless be considered a public official if he [or she] exercises a large portion of the sovereign power of government or can be called on to exercise police powers as a conservator of the peace.... [Sovereign power, in its simplest terms, means the power to make and enforce laws. The exercise of sovereign power, thus, generally contemplates someone serving in a legislative or policymaking capacity.”

   1 later decision quote this exact passage
   e.g. Cooper v. Rodriguez

3. “We have interpreted this Rule to mean that “[w]hen a party presents factual matters outside the pleadings, and the [trial judge] does not exclude them from consideration in the course of acting on a facial motion to dismiss, the [trial judge] must treat the motion as a motion for summary judgment.” If a trial judge has been presented with facts or allegations outside of those in the complaint and has not specifically excluded them from consideration, we have acted on the presumption that the additional information was considered by the trial judge.”

   1 later decision quote this exact passage
   e.g. 215 Md. App. 161 - Bell v. Anne Arundel County