62 Md. App. 19 - Stifler v. Weiner’s Empirical Analysis
1985
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently May 2012
13 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 · Oxtoby v. McGowan · Francis v. Massachusetts · 60 Md. App. 227 - Lutheran Hospital v. Levy
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The health claims arbitration act was carefully crafted to provide a balanced decision-making tribunal. Unless, pursuant to § 3-2A-04(e), the parties agree on a single arbitrator, the panel must consist of three arbitrators: an attorney, a health care provider, and a member from the general public who is neither an attorney nor a health care provider. §§ 3-2A-03, 3-2A-04. Section 3-2A-05(a) mandates that “[a ]ll issues of fact and law raised by the claim and response shall be referred by the Director to the arbitration panel.” (Emphasis added.) Section 3-2A-05(d) continues that “[t]he arbitration panel shall first determine the issue of liability with respect to a claim referred to it.” (Emphasis added.) See, in general, Attorney General v. Johnson, [supra ]. These provisions are clear beyond doubt. A claim submitted to arbitration is to be decided by the panel, not by the chairman. All issues of fact and law are to be referred to and decided by the panel. Section 3-2A-05(c), permitting the chairman to decide “prehearing procedures including issues relating to discovery” cannot sensibly be read to include the power to decide the claim itself. “Prehearing procedures” means basic housekeeping matters — scheduling, postponements, things of that kind— not the power to usurp the statutory responsibility of the panel.” [Id. at 24, 488 A.2d at 194-95 .]”
1 later decision quote this exact passage“(1) [ALL] EXCEPT AS PROVIDED UNDER PARAGRAPH (2) OF THIS SUBSECTION ALL issues of [fact and law raised by the claim and response shall be re ferred by the Director to the arbitration panel] LAW SHALL BE REFERRED BY THE DIRECTOR TO THE PANEL CHAIRMAN. ALL ISSUES OF FACT SHALL BE REFERRED BY THE DIRECTOR TO THE ARBITRATION PANEL. (2) WHERE A PANEL CHAIRMAN HAS NOT BEEN APPOINTED AND THE DIRECTOR IS ADMITTED TO THE MARYLAND BAR, THE DIRECTOR MAY RULE ON ALL ISSUES OF LAW ARISING PRIOR TO HEARING THAT ARE DISPOSITIVE OF THE CASE.”
1 later decision quote this exact passage“Although there is no provision in the statute for summary disposition (compare Md. Rule 2-501), we see no reason why a claim cannot be adjudicated on that basis in those instances where it may be susceptible to such treatment. If, for example, as here, limitations has clearly run on the claim, there is no reason to waste time, effort, and money on a full-scale trial on the merits of the claim.”
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.