The Court of Appeals of Maryland has recalled its recent decision in University of Maryland Medical Systems v. Waldt, a relatively rare event that signifies temporarily that the Court is not satisfied with some aspect of the opinion. As of this date, therefore, the Court of Appeals’ decision is no longer binding precedent and has been removed from publication. The case can no longer be access on the Court’s home page.
Sometimes cases are recalled to correct minor errors within the opinion. Minor changes are usually made quickly and the opinion is reissued. Rarely, the Court will change the substance of the opinion. In Waldt, the mathematical computation of the expert’s percentage of time spent serving as an expert was so close to the twenty percent statutory maximum (as calculated in the opinion – 20.6%) that it is possiblethe Court wishes to elaborate or expound upon the method by which it disqualified the plaintiff’s expert. The real reason for the recall is purely conjectural but is an interesting development in a very important opinion. The attorneys at Belsky, Weinberg and Horowitz will keep youabreast of developments in the Waldt decision when they arise.