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← 426 MD 565 - Forster v. State

Forster v. State’s Empirical Analysis

2012

Citation profile

35
cited by 35 later decisions
1
states following
August 2019
most recently cited

35 state decisions

Relationships

Relies on Securities and Exchange Commission v. Chenery Corporation · Kaczorowski v. Mayor of Baltimore · Marriott Employees Federal Credit Union v. Motor Vehicle Administration · Lloyd v. General Motors Corp. · Robeson v. State

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

  1. “To be sure, § 11-106 does apply to disciplinary actions against probationary employees and, as we have seen, termination is a disciplinary action. On the other hand, it is undisputed that § 11-303 does as well. This being the case, the statutes would appear to be irreconcilably in conflict. Section 11-303 is more narrowly focused, however, than § 11-106, referring only to one form of disciplinary action, termination. Thus, they can be reconciled by treating § 11— 303, the more specific of the two, as an exception to § 11-106, the more general. Of course, if there were no § 11-303, § 11-106 undoubtedly would apply to the case sub judice. Where, however, as here, there is a provision that specifically, and without any doubt, addresses the termination, as opposed to the discipline generally, of probationary employees, that provision must control over a provision that applies, but only generally, as § 11-106 does.”
    1 later decision quote this exact passage
  2. “The goal of statutory interpretation is to “ascertain and implement, to the extent possible, the legislative intent.” An appellate court interprets a statute by first looking to its plain language, giving the words their natural and ordinary meaning. To determine the plain meaning of language, we consider also the statutory scheme in which the particular provision or provisions appear. If the language is clear and unambiguous on its face, our inquiry ends.”
    1 later decision quote this exact passage
  3. “(a) Before taking any disciplinary action related to employee misconduct, an appointing authority shall: (1) investigate the alleged misconduct; (2) meet with the employee; (3) consider any mitigating circumstances; (4) determine the appropriate disciplinary action, if any, to be imposed; and (5) give the employee a written notice of the disciplinary action to be taken and the employee's appeal rights.”
    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.