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22 Maryland opinions name it 2 courts 1990–2022 2 in the last five years
The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
General Motors Corp. v. Romeingreen2 sentences2003This power, which in its various ramifications is known as the police power, is an exercise of the sovereign right of the Government to protect the lives, health, morals, comfort and general welfare of the people, and is paramount to any rights under contracts between individuals.’ ” In determining whether an enactment violates the clause, a court engages in a three part inquiry: “whether there is a contractual relationship, whether a change in law impairs that contractual relationship, and whether the impairment is substantial.” General Motors Corp. v. Romein, 503 U.S. 181, 186 , 112 S.Ct. 11 2003This power, which in its various ramifications is known as the police power, is an exercise of the sovereign right of the Government to protect the lives, health, morals, comfort and general welfare of the people, and is paramount to any rights under contracts between individuals.’ ” In determining whether an enactment violates the clause, a court engages in a three part inquiry: “whether there is a contractual relationship, whether a change in law impairs that contractual relationship, and whether the impairment is substantial.” General Motors Corp. v. Romein, 503 U.S. 181, 186 , 112 S.Ct. 11 | 2 | 2 |
East Prince Frederick Corp v. Board of County Commissionersgreen2 sentences2003See also East Prince Frederick Corp. v. Board of County Com’rs, 320 Md. 178, 183 , 577 A.2d 27, 30 (1990). 2003See also East Prince Frederick Corp. v. Board of County Com’rs, 320 Md. 178, 183 , 577 A.2d 27, 30 (1990). | 2 | 2 |
Muhl v. Magangreen2 sentences2011In employing this three part test the Crumlish comí, as the Court of Appeals noted in Muhl v. Magan, 313 Md. 462, 475-76 [ 545 A.2d 1321 ] (1988), “presupposed that the statute could be satisfied only by an objectively demonstrable, statistical basis for underwriting.” There are, however, circumstances in which this is not possible. 2011In employing this three part test the Crumlish comí, as the Court of Appeals noted in Muhl v. Magan, 313 Md. 462, 475-76 [ 545 A.2d 1321 ] (1988), “presupposed that the statute could be satisfied only by an objectively demonstrable, statistical basis for underwriting.” There are, however, circumstances in which this is not possible. | 1 | 2 |
Fulton Corp. v. Faulknergreen2 sentences2011According to the petitioners, “non-residents were subjected to Maryland State income tax at a rate more than 25% higher than the rate imposed on residents.” They reason that the *191 county income tax is not a part of the State income tax, and, therefore, the assessment of the SNRT is “prima facie unconstitutional under the Interstate Commerce Clause” and an invalid compensatory tax “under the three part test set forth by the Supreme Court in Fulton Corp. v. Faulkner, 516 U.S. 325, 331 , 116 S.Ct. 848, 854 , 133 L.Ed.2d 796, 805 (1996). 6 The Comptroller, on the other hand, argues that the SNR 2011According to the petitioners, “non-residents were subjected to Maryland State income tax at a rate more than 25% higher than the rate imposed on residents.” They reason that the *191 county income tax is not a part of the State income tax, and, therefore, the assessment of the SNRT is “prima facie unconstitutional under the Interstate Commerce Clause” and an invalid compensatory tax “under the three part test set forth by the Supreme Court in Fulton Corp. v. Faulkner, 516 U.S. 325, 331 , 116 S.Ct. 848, 854 , 133 L.Ed.2d 796, 805 (1996). 6 The Comptroller, on the other hand, argues that the SNR | 1 | 2 |
Sigma Reproductive Health Center v. Stategreen2 sentences2011See Mohawk Indus. v. Carpenter, 558 U.S. -, 130 S.Ct. 599, 605 , 175 L.Ed.2d 458, 466 (2009) ("This requirement finds expression in two of the three traditional Cohen conditions.”); see also Sigma, 297 Md. at 669-70 , 467 A.2d at 488 (referring to "the three prongs of the Cohen collateral order doctrine....”). 2011See Mohawk Indus. v. Carpenter, 558 U.S. -, 130 S.Ct. 599, 605 , 175 L.Ed.2d 458, 466 (2009) ("This requirement finds expression in two of the three traditional Cohen conditions.”); see also Sigma, 297 Md. at 669-70 , 467 A.2d at 488 (referring to "the three prongs of the Cohen collateral order doctrine....”). | 1 | 1 |
Mohawk Industries, Inc. v. Carpentergreen2 sentences2011See Mohawk Indus. v. Carpenter, 558 U.S. -, 130 S.Ct. 599, 605 , 175 L.Ed.2d 458, 466 (2009) ("This requirement finds expression in two of the three traditional Cohen conditions.”); see also Sigma, 297 Md. at 669-70 , 467 A.2d at 488 (referring to "the three prongs of the Cohen collateral order doctrine....”). 2011See Mohawk Indus. v. Carpenter, 558 U.S. -, 130 S.Ct. 599, 605 , 175 L.Ed.2d 458, 466 (2009) ("This requirement finds expression in two of the three traditional Cohen conditions.”); see also Sigma, 297 Md. at 669-70 , 467 A.2d at 488 (referring to "the three prongs of the Cohen collateral order doctrine....”). | 1 | 1 |
Lemon v. Kurtzmanred2 sentences2011The Establishment Clause prohibits “excessive entanglement” between government and religion. 9 In Lemon v. Kurtzman, 403 U.S. 602 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971), the United States Supreme Court established the following three part test to determine whether the ministerial exception is applicable to a particular statute: First, the statute must have a secular legislative purpose, second its principal or primary effect must be one that neither advances or inhibits religion, finally the statute must not foster an excessive government entanglement with religion. 2011The Establishment Clause prohibits “excessive entanglement” between government and religion. 9 In Lemon v. Kurtzman, 403 U.S. 602 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971), the United States Supreme Court established the following three part test to determine whether the ministerial exception is applicable to a particular statute: First, the statute must have a secular legislative purpose, second its principal or primary effect must be one that neither advances or inhibits religion, finally the statute must not foster an excessive government entanglement with religion. | 1 | 1 |
Allstate v. Kimgreen1 sentence2007Co. v. Kim, 376 Md. 276, 299 , 829 A.2d 611, 624 (2003) (quoting Gen. | 1 | 1 |
Ogrinz v. Jamesgreen2 sentences1994See also Ogrinz v. James, 309 Md. 381, 397 , 524 A.2d 77 (1987) (summarizing the three part Weaver test). 1994See also Ogrinz v. James, 309 Md. 381, 397 , 524 A.2d 77 (1987) (summarizing the three part Weaver test). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Chandler, II
green
2 sentences1998That test “considers (1) the nexus between the offense and the property and the extent of the property’s role in the offense, (2) the role and culpability of the owner, and (3) the possibility of separating offending property that can readily be separated from the remainder.” 36 F.3d at 365 . 1997That test “considers (1) the nexus between the offense and the property and the extent of the property’s role in the offense, (2) the role and culpability of the owner, and (3) the possibility of separating offending property that can readily be separated from the remainder.” (Citation omitted.) Aravanis, 339 Md. at 661 , 664 A.2d 888 (quoting Chandler, 36 F.3d at 365 ). | 3 | 1995–1998 |
Collins v. National Railroad Passenger Corp.
green
2 sentences2022Analysis Our analysis of whether a jury instruction is correctly given is guided by a three- part test: “(1) the requested jury instruction must be a correct exposition of the law; (2) the particular law must have been applicable to the evidence before the jury; and (3) the substance of the requested instruction must not have been fairly covered by the instructions actually given.” Collins, 417 Md. at 229 . 2022Analysis Our analysis of whether a jury instruction is correctly given is guided by a three- part test: “(1) the requested jury instruction must be a correct exposition of the law; (2) the particular law must have been applicable to the evidence before the jury; and (3) the substance of the requested instruction must not have been fairly covered by the instructions actually given.” Collins, 417 Md. at 229 . | 2 | 2022–2022 |
Crumlish v. Insurance Commissioner
green
2 sentences2011Comm’r, 70 Md.App. 182, 190 , 520 A.2d 738 (1987). 2011Comm’r, 70 Md.App. 182, 190 , 520 A.2d 738 (1987). | 2 | 1990–2011 |
Fearnow v. Chesapeake & Potomac Telephone Co.
green
2 sentences2001Fearnow v. The Chesapeake & Potomac Telephone Company of Maryland, 342 Md. 363, 385 , 676 A.2d 65 (1996)(intemal citation omitted). 2001Fearnow v. The Chesapeake & Potomac Telephone Company of Maryland, 342 Md. 363, 385 , 676 A.2d 65 (1996)(intemal citation omitted). | 2 | 2000–2001 |
Allstate Insurance v. Kyong Ho Kim
green
1 sentence2007Co. v. Kim, 376 Md. 276, 299 , 829 A.2d 611, 624 (2003) (quoting Gen. | 1 | 2007–2007 |
Brown v. Illinois
green
2 sentences2007In Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975), the Supreme Court set forth a three part test: (1) time elapsed between the illegality *397 and the acquisition of the evidence; (2) presence of intervening circumstances; and, (3) the purpose and flagrancy of the misconduct. 2007In Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975), the Supreme Court set forth a three part test: (1) time elapsed between the illegality *397 and the acquisition of the evidence; (2) presence of intervening circumstances; and, (3) the purpose and flagrancy of the misconduct. | 1 | 2007–2007 |
WBAL-TV Div., Hearst Corp. v. State
green
2 sentences2003Id. at 247 , 477 A.2d 776 . 2003Id. at 243-44, 477 A.2d 776 . | 1 | 2003–2003 |
Hikmat v. Howard County
green
2 sentences2003In Hikmat v. Howard County, 148 Md.App. 502, 522-23 , 813 A.2d 306 (2002), this Court set out the three part analysis an appellate court must engage in when reviewing an administrative board’s decision: 1. 2003In Hikmat v. Howard County, 148 Md.App. 502, 522-23 , 813 A.2d 306 (2002), this Court set out the three part analysis an appellate court must engage in when reviewing an administrative board’s decision: 1. | 1 | 2003–2003 |
Aravanis v. Somerset County
green
2 sentences1997That test “considers (1) the nexus between the offense and the property and the extent of the property’s role in the offense, (2) the role and culpability of the owner, and (3) the possibility of separating offending property that can readily be separated from the remainder.” (Citation omitted.) Aravanis, 339 Md. at 661 , 664 A.2d 888 (quoting Chandler, 36 F.3d at 365 ). 1997That test “considers (1) the nexus between the offense and the property and the extent of the property’s role in the offense, (2) the role and culpability of the owner, and (3) the possibility of separating offending property that can readily be separated from the remainder.” (Citation omitted.) Aravanis, 339 Md. at 661 , 664 A.2d 888 (quoting Chandler, 36 F.3d at 365 ). | 1 | 1997–1997 |
Yost v. Early
green
2 sentences1995In Yost v. Early, 87 Md.App. 364 , 589 A.2d 1291 (1991), we recently reiterated the three part test for unjust enrichment: Under Maryland law, to sustain a claim under the doctrine of unjust enrichment, three elements must be established: 1. 1995In Yost v. Early, 87 Md.App. 364 , 589 A.2d 1291 (1991), we recently reiterated the three part test for unjust enrichment: Under Maryland law, to sustain a claim under the doctrine of unjust enrichment, three elements must be established: 1. | 1 | 1995–1995 |
Banach v. State Commission on Human Relations
green
2 sentences1994In Banach v. State Commission on Human Relations, 277 Md. 502 , 356 A.2d 242 (1976), the Court of Appeals adopted the three part test for determining the validity of a subpoena duces tecum issued by an administrative agency first articulated in Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186, 208 , 66 S.Ct. 494, 505 , 90 L.Ed. 614 (1946). 1994In Banach v. State Commission on Human Relations, 277 Md. 502 , 356 A.2d 242 (1976), the Court of Appeals adopted the three part test for determining the validity of a subpoena duces tecum issued by an administrative agency first articulated in Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186, 208 , 66 S.Ct. 494, 505 , 90 L.Ed. 614 (1946). | 1 | 1994–1994 |
Weaver v. Prince George's County
green
2 sentences1994We conclude, however, that the tax is an excise tax, rather than an intangible personal property tax (or any kind of property tax). 6 In Weaver v. Prince George’s County, 281 Md. 349 , 379 A.2d 399 (1977), we defined excise taxes and established a three part test to distinguish them from property taxes. 1994We conclude, however, that the tax is an excise tax, rather than an intangible personal property tax (or any kind of property tax). 6 In Weaver v. Prince George’s County, 281 Md. 349 , 379 A.2d 399 (1977), we defined excise taxes and established a three part test to distinguish them from property taxes. | 1 | 1994–1994 |
Oklahoma Press Publishing Co. v. Walling
green
2 sentences1994In Banach v. State Commission on Human Relations, 277 Md. 502 , 356 A.2d 242 (1976), the Court of Appeals adopted the three part test for determining the validity of a subpoena duces tecum issued by an administrative agency first articulated in Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186, 208 , 66 S.Ct. 494, 505 , 90 L.Ed. 614 (1946). 1994In Banach v. State Commission on Human Relations, 277 Md. 502 , 356 A.2d 242 (1976), the Court of Appeals adopted the three part test for determining the validity of a subpoena duces tecum issued by an administrative agency first articulated in Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186, 208 , 66 S.Ct. 494, 505 , 90 L.Ed. 614 (1946). | 1 | 1994–1994 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.