73 Md. App. 80 - State v. Andrews’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 8 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We recognize ... that “[to] permit the [retention of] even a portion of the illicit profits would impair the full impact of the deterrent force that is essential if adequate enforcement [of the law] is to be achieved. One requirement of such enforcement is a basic policy that those who have engaged in proscribed conduct surrender all profits flowing therefrom.” (brackets in original) We do not by this opinion intend to preclude the circuit court, upon remand, from implementing the above principle, if applicable, in this case.”

   5 later decisions quote this exact passage
   e.g. Edmond v. Consumer Protection Division · Edmond v. Consumer Protection Division

2. “By providing for a “public remedy” through the Office of the Attorney General, in addition to the private right of action referred to in § 13-408, the General Assembly implicitly recognized that many consumers will be deterred from pursuing individual actions due to the cost and time involved in private litigation.”

   4 later decisions quote this exact passage
   e.g. Edmond v. Consumer Protection Division · Edmond v. Consumer Protection Division

3. ““Although we reject the Company’s broad argument that proof of reliance is necessary before a general restitution order may issue, we do recognize that some of those purchasing the Company’s products may not have relied on the false impressions created by the advertisements. Some of these consumers may not want refunds. Accordingly, we believe that the Division’s order was defective because it did not provide a procedure for processing individual consumer claims. We agree with the cases in other jurisdictions which, under statutes like Maryland’s, require that a restitution order provide a procedure for individual determination of consumer restitution claims. The Division may not simply require the mailing of refunds to all Maryland consumers who bought Company products during a certain period. Purchasers should be notified that they may obtain a refund; in order to be entitled to such refund, they should be required to state that they relied on the false impressions created by the advertising. In this way, purchasers who were not deceived will not receive an ‘automatic’ refund. It should not be necessary that each purchaser present additional evidence that he was actually deceived and relied on the misrepresentations in the advertisements. To require proof of reliance, beyond the purchaser’s statement, would make recovery difficult and complicated.””

   1 later decision quote this exact passage
   e.g. Consumer Protection Division v. Morgan