59 Md. App. 528 - Tranen v. Aziz’s Empirical Analysis
1984
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently November 2012 · most notably Engineering Management Services, Inc. v. Maryland State Highway Administration (2003), Tranen v. Aziz (1985)
36 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 State v. Hicks · Attorney General v. Johnson · Oxtoby v. McGowan · Town of Somerset v. Montgomery County Board of Appeals · Johnson 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Rejection of award. A party may reject an award for any reason. A notice of rejection must be filed with the Director and the arbitration panel and served on the other parties or their counsel within 30 days after the award is served upon the rejecting party, or, if a timely application for modification or correction has been filed within 10 days after a disposition of the application by the panel, whichever is greater. (b) Action to nullify award. At or before the time specified in subsection (a) for filing and serving a notice of rejection, the party rejecting the award shall file an action in court to nullify the award and shall file a copy of the action with the Director. Failure to file this action timely in court shall constitute a withdrawal of the notice of rejection. Subject to the provisions of subsection (c), the procedure applicable to the action including the form and necessary allegations in the initial pleading shall be governed by the Maryland Rules. If any party to the proceeding elects to have the case tried by a jury in accordance with the Maryland Rules, it shall be tried by a jury. Otherwise, the case shall be tried by a judge. The trial date for each rejection of a panel determination shall have precedence over all cases except criminal matters and workmen's compensation appeals.”
3 later decisions quote this exact passage“[t]he term “shall” is presumed mandatory on the parties, denoting “an imperative obligation inconsistent with the exercise of discretion.” Johnson v. State, 282 Md. 314, 321 , 384 A.2d 709 (1978) citing Bright v. Unsat. C. & J. Fund Bd., 275 Md. 165, 169 , 338 A.2d 248 (1975). Accord In re Dewayne H., 290 Md. 401, 404 , 430 A.2d 76 (1981); In re James S., 286 Md. 702, 706-08 , 410 A.2d 586 (1980) quoting State v. Hicks, 285 Md. 310, 334 , 403 A.2d 356 (1979); People’s Counsel v. Pub. Serv. Comm’n, 52 Md.App. 715, 719-20, 451 A.2d 945 (1982). “Shall” and “must” have been employed synonymously to foreclose discretion. Resnick v. Board of Elections, 244 Md. 55, 62 , 222 A.2d 385 (1966). The term “must” imposes a positive, absolute duty, see Calvert County Com’rs v. Gibson, 36 Md. 229, 236-37 (1872), and has been defined as “compulsion or obligation” or “requirement or prerequisite.” American Heritage Dictionary, 865 (1976). 30”
2 later decisions quote this exact passage“(d) The arbitration panel shall first determine the issue of liability with respect to a claim referred to it. If the arbitration panel determines that the health care provider is not liable to the claimant or claimants the award shall be in favor of the health provider____ (e) The award shall include an assessment of costs, including the arbitrator’s fees. (f) The arbitration panel shall make its award and deliver it to the Director within 1 year from the date on which all defendants have been served. The Director shall cause a copy of it to be served on each party. * * * * * * (h) Subject to § 3-2A-06, the award of the panel shall be final and binding on all parties. After the time for either rejecting or modifying the award has expired the Director shall file a copy of the award with the circuit court having proper venue ... and the court shall confirm the award. Upon confirmation the award shall constitute a final judgment.”
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.