legislature intended standard in Maryland

19 Maryland opinions name it 2 courts 1948–2024 3 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.

Followed or applied (4)

Case	Followed	Cited
Mid-Atlantic Power Supply Ass'n v. Public Service Commissiongreen md · 2000 · cited in 4 Maryland opinions naming this issue, 2018–2024 2 sentences 2021See Mid-Atlantic Power Supply Ass’n v. Public Service Commission, 361 Md. 196, 214 , 760 A.2d 1087 (2000). (“Had the Legislature intended that the standard for judicial review of . . . 2021See Mid-Atlantic Power Supply Ass’n v. Public Service Commission, 361 Md. 196, 214 , 760 A.2d 1087 (2000). (“Had the Legislature intended that the standard for judicial review of . . .	3	4
Gisriel v. Ocean City Board of Supervisors of Electionsgreen md · 1997 · cited in 1 Maryland opinions naming this issue, 2006–2006 2 sentences 2006Those principles were confirmed by this Court in Gisriel v. Ocean City Elections Board, 345 Md. 477, 493-96 , 693 A.2d 757, 765-67 (1997). 2006Those principles were confirmed by this Court in Gisriel v. Ocean City Elections Board, 345 Md. 477, 493-96 , 693 A.2d 757, 765-67 (1997).	1	1
DENO CONSTANTINE KANARAS v. Stategreen mdctspecapp · 1983 · cited in 1 Maryland opinions naming this issue, 2005–2005 1 sentence 2005What the Court said in Nichols v. Wilson thus applies with equal, if not greater — the medical provider did not cause the injury in this case — , force *696 here: “[i]n no way can it be said that the legislature intended such a claim to be within the Act.” Nichols v. Wilson, 296 Md. at 161, 460 A.2d at 61.	1	1
Johnson v. Stategreen md · 1978 · cited in 1 Maryland opinions naming this issue, 1995–1995 2 sentences 1995Johnson v. State, 282 Md. 314, 321 , 384 A.2d 709, 713 (1978) (“we have stated on numerous occasions that in the absence of a contrary contextual indication, the use of the word ‘shall’ is presumed to have a mandatory meaning, ... and thus denotes an imperative obligation inconsistent with the exercise of discretion”); Bright v. Unsatisfied C. & J. 1995Johnson v. State, 282 Md. 314, 321 , 384 A.2d 709, 713 (1978) (“we have stated on numerous occasions that in the absence of a contrary contextual indication, the use of the word ‘shall’ is presumed to have a mandatory meaning, ... and thus denotes an imperative obligation inconsistent with the exercise of discretion”); Bright v. Unsatisfied C. & J.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Nichols v. Wilson green md · 1983 2 sentences 1997We also stated, however, that intentional torts were not automatically excluded from the Act’s coverage, and that “there may well be many [intentional torts] that would be so covered.” 296 Md. at 161 n. 5, 460 A.2d at 61 n. 5. 1991“In no way,” we posited, “can it be said that the Legislature intended such a claim to be within the Act even though such action took place during the rendering of health care.” Id.	3	1986–1997
State v. Williams green moctapp · 2000 1 sentence 2005Williams, 24 S.W.3d at 117 . 17 .	1	2005–2005
State v. One 1980 Harley Davidson Motorcycle Vin 9G3593950 green md · 1985 2 sentences 2001The Court of Appeals found no ambiguity with the term “scheduled,” stating: “Had the Legislature intended that a hearing on the forfeiture petition was to be held within 30 days of conviction, it could have said so; it did not, and with good reason.” Harley Davidson, 303 Md. at 159 , 492 A.2d 896 . 2001The Court of Appeals found no ambiguity with the term “scheduled,” stating: “Had the Legislature intended that a hearing on the forfeiture petition was to be held within 30 days of conviction, it could have said so; it did not, and with good reason.” Harley Davidson, 303 Md. at 159 , 492 A.2d 896 .	1	2001–2001
Government Employees Insurance v. Insurance Commissioner green md · 1993 2 sentences 2000Moreover, as the appellant points out, to interpret,, § 3-202(a) as the appellees do would render the word, “dissatisfied,” which has been a part of the scheme since its inception, “meaningless, surplusage, superfluous, or nugatory.” GEICO, 332 Md. at 132 , 630 A.2d at 717 . 2000Moreover, as the appellant points out, to interpret,, § 3-202(a) as the appellees do would render the word, “dissatisfied,” which has been a part of the scheme since its inception, “meaningless, surplusage, superfluous, or nugatory.” GEICO, 332 Md. at 132 , 630 A.2d at 717 .	1	2000–2000
State Department of Assessments & Taxation v. Greyhound Computer Corp. green md · 1974 2 sentences 1988Greyhound Computer, 271 Md. at 588 , 320 A.2d 40 . 1988Greyhound Computer, 271 Md. at 588 , 320 A.2d 40 .	1	1988–1988
Garrett v. State green mdctspecapp · 1984 2 sentences 1987We hold that while the purpose behind the 25-year repeat offender provision is deterrence, Garrett, 59 Md.App. at 118 , 474 A.2d 931 , the plain language of § 643B(b) evinces that public protection is the primary goal of this section. 1987We hold that while the purpose behind the 25-year repeat offender provision is deterrence, Garrett, 59 Md.App. at 118 , 474 A.2d 931 , the plain language of § 643B(b) evinces that public protection is the primary goal of this section.	1	1987–1987
Montgomery County Fire Board v. Fisher green mdctspecapp · 1983 1 sentence 1983Id. at 446, 454 A.2d 394 .	1	1983–1983
Radio Communications, Inc. v. Public Service Commission green md · 1974 2 sentences 1976An appeal was noted to the Maryland Court of Appeals, Radio Communications Inc. v. Public Service Commission of Maryland, 271 Md. 82 , 314 A. 2d 118 (1974), raising the issue of what the legislature intended as the standard for carriers seeking “grandfather” rights under Sec. 55A. 1976An appeal was noted to the Maryland Court of Appeals, Radio Communications Inc. v. Public Service Commission of Maryland, 271 Md. 82 , 314 A. 2d 118 (1974), raising the issue of what the legislature intended as the standard for carriers seeking “grandfather” rights under Sec. 55A.	1	1976–1976
Equitable Life Assurance Society of United States v. Insurance Commissioner green md · 1968 2 sentences 1974What the legislature intended as the standard for carriers seeking “grandfather” rights under § 55A (b) must be determined in the first instance by a careful examination of the statute itself, since the cardinal rule of construction is to ascertain and carry out the real legislative intention, Scoville Serv., Inc. v. Comptroller, 269 Md. 390, 393 , 306 A. 2d 534 (1973); Silberman v. Jacobs, 259 Md. 1 , 267 A. 2d 209 (1970); Atlantic, Gulf v. Dep’t of Assess. & T., 252 Md. 173 , 249 A. 2d 180 (1969); Equitable v. Insurance Comm’r, 251 Md. 143 , 246 A. 2d 604 (1968); and in ascertaining that int 1974What the legislature intended as the standard for carriers seeking “grandfather” rights under § 55A (b) must be determined in the first instance by a careful examination of the statute itself, since the cardinal rule of construction is to ascertain and carry out the real legislative intention, Scoville Serv., Inc. v. Comptroller, 269 Md. 390, 393 , 306 A. 2d 534 (1973); Silberman v. Jacobs, 259 Md. 1 , 267 A. 2d 209 (1970); Atlantic, Gulf v. Dep’t of Assess. & T., 252 Md. 173 , 249 A. 2d 180 (1969); Equitable v. Insurance Comm’r, 251 Md. 143 , 246 A. 2d 604 (1968); and in ascertaining that int	1	1974–1974
Atlantic, Gulf & Pacific Co. v. State Department of Assessment & Taxation green md · 1969 2 sentences 1974What the legislature intended as the standard for carriers seeking “grandfather” rights under § 55A (b) must be determined in the first instance by a careful examination of the statute itself, since the cardinal rule of construction is to ascertain and carry out the real legislative intention, Scoville Serv., Inc. v. Comptroller, 269 Md. 390, 393 , 306 A. 2d 534 (1973); Silberman v. Jacobs, 259 Md. 1 , 267 A. 2d 209 (1970); Atlantic, Gulf v. Dep’t of Assess. & T., 252 Md. 173 , 249 A. 2d 180 (1969); Equitable v. Insurance Comm’r, 251 Md. 143 , 246 A. 2d 604 (1968); and in ascertaining that int 1974What the legislature intended as the standard for carriers seeking “grandfather” rights under § 55A (b) must be determined in the first instance by a careful examination of the statute itself, since the cardinal rule of construction is to ascertain and carry out the real legislative intention, Scoville Serv., Inc. v. Comptroller, 269 Md. 390, 393 , 306 A. 2d 534 (1973); Silberman v. Jacobs, 259 Md. 1 , 267 A. 2d 209 (1970); Atlantic, Gulf v. Dep’t of Assess. & T., 252 Md. 173 , 249 A. 2d 180 (1969); Equitable v. Insurance Comm’r, 251 Md. 143 , 246 A. 2d 604 (1968); and in ascertaining that int	1	1974–1974
Height v. State green md · 1961 2 sentences 1974Service Comm., 226 Md. 295, 301-02 , 173 A. 2d 362 (1961); Height v. State, 225 Md. 251, 257 , 170 A. 2d 212 (1961). 1974Service Comm., 226 Md. 295, 301-02 , 173 A. 2d 362 (1961); Height v. State, 225 Md. 251, 257 , 170 A. 2d 212 (1961).	1	1974–1974
Scoville Service, Inc. v. Comptroller of the Treasury green md · 1973 2 sentences 1974What the legislature intended as the standard for carriers seeking “grandfather” rights under § 55A (b) must be determined in the first instance by a careful examination of the statute itself, since the cardinal rule of construction is to ascertain and carry out the real legislative intention, Scoville Serv., Inc. v. Comptroller, 269 Md. 390, 393 , 306 A. 2d 534 (1973); Silberman v. Jacobs, 259 Md. 1 , 267 A. 2d 209 (1970); Atlantic, Gulf v. Dep’t of Assess. & T., 252 Md. 173 , 249 A. 2d 180 (1969); Equitable v. Insurance Comm’r, 251 Md. 143 , 246 A. 2d 604 (1968); and in ascertaining that int 1974What the legislature intended as the standard for carriers seeking “grandfather” rights under § 55A (b) must be determined in the first instance by a careful examination of the statute itself, since the cardinal rule of construction is to ascertain and carry out the real legislative intention, Scoville Serv., Inc. v. Comptroller, 269 Md. 390, 393 , 306 A. 2d 534 (1973); Silberman v. Jacobs, 259 Md. 1 , 267 A. 2d 209 (1970); Atlantic, Gulf v. Dep’t of Assess. & T., 252 Md. 173 , 249 A. 2d 180 (1969); Equitable v. Insurance Comm’r, 251 Md. 143 , 246 A. 2d 604 (1968); and in ascertaining that int	1	1974–1974
Silberman v. Jacobs & Silberman green md · 1970 2 sentences 1974What the legislature intended as the standard for carriers seeking “grandfather” rights under § 55A (b) must be determined in the first instance by a careful examination of the statute itself, since the cardinal rule of construction is to ascertain and carry out the real legislative intention, Scoville Serv., Inc. v. Comptroller, 269 Md. 390, 393 , 306 A. 2d 534 (1973); Silberman v. Jacobs, 259 Md. 1 , 267 A. 2d 209 (1970); Atlantic, Gulf v. Dep’t of Assess. & T., 252 Md. 173 , 249 A. 2d 180 (1969); Equitable v. Insurance Comm’r, 251 Md. 143 , 246 A. 2d 604 (1968); and in ascertaining that int 1974What the legislature intended as the standard for carriers seeking “grandfather” rights under § 55A (b) must be determined in the first instance by a careful examination of the statute itself, since the cardinal rule of construction is to ascertain and carry out the real legislative intention, Scoville Serv., Inc. v. Comptroller, 269 Md. 390, 393 , 306 A. 2d 534 (1973); Silberman v. Jacobs, 259 Md. 1 , 267 A. 2d 209 (1970); Atlantic, Gulf v. Dep’t of Assess. & T., 252 Md. 173 , 249 A. 2d 180 (1969); Equitable v. Insurance Comm’r, 251 Md. 143 , 246 A. 2d 604 (1968); and in ascertaining that int	1	1974–1974
Germenko v. Public Service Commission green md · 1961 2 sentences 1974Service Comm., 226 Md. 295, 301-02 , 173 A. 2d 362 (1961); Height v. State, 225 Md. 251, 257 , 170 A. 2d 212 (1961). 1974Service Comm., 226 Md. 295, 301-02 , 173 A. 2d 362 (1961); Height v. State, 225 Md. 251, 257 , 170 A. 2d 212 (1961).	1	1974–1974
Goodman v. State green md · 1940 2 sentences 1948Goodman v. State, 178 Md. 1, 7 , 11 A. 2d 635 . 1948Goodman v. State, 178 Md. 1, 7 , 11 A. 2d 635 .	1	1948–1948
Hill v. State green md · 1948 2 sentences 1948The usual practice since the passage of that Act has been to hear it during the trial of the case, as pointed out as dictum in the case of Hill v. State, 190 Md. 698, 703 , 59 A. 2d 630, 633 , which quoted the rule laid down in Sugarman v. State, supra, but which we do not now think is mandatory after the passage of Article 27, Section 306, supra. We are of opinion that as this section uses the words “at any time”, the Legislature intended that a hearing on motion to quash the search warrant might be heard either before or during the trial. 1948The usual practice since the passage of that Act has been to hear it during the trial of the case, as pointed out as dictum in the case of Hill v. State, 190 Md. 698, 703 , 59 A. 2d 630, 633 , which quoted the rule laid down in Sugarman v. State, supra, but which we do not now think is mandatory after the passage of Article 27, Section 306, supra. We are of opinion that as this section uses the words “at any time”, the Legislature intended that a hearing on motion to quash the search warrant might be heard either before or during the trial.	1	1948–1948

Statutes the citing opinions construe

MD § Md. Code Ann., Pub. Util. § 3-203 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 59 (1914–2026) TX 55 (1998–2024) IL 48 (1930–2025) OR 35 (1950–2025) NY 21 (1925–2018) MD 19 (1948–2024) MI 18 (1926–2025) PA 17 (1906–2023) NJ 16 (1952–2025) WI 14 (1881–2022) FL 13 (1982–2019) CT 13 (1985–2025) OH 12 (1880–2025) NM 10 (1912–2024) WY 9 (1990–2022) NH 9 (1985–2021) MO 7 (1982–2023) KS 7 (1940–2025) WA 7 (1947–2011) AZ 6 (1968–2013) CO 5 (1975–2021) IA 5 (1970–2019) AL 5 (1993–2011) MA 4 (1917–2010) SD 4 (1977–2017) ND 4 (1996–2012) AR 4 (2004–2024) TN 4 (2012–2026) IN 4 (1990–2013) OK 4 (1915–2004) SC 3 (1974–2026) MN 3 (1984–2004) WV 3 (1946–2008) VA 3 (2012–2012) LA 3 (1997–2014) VT 2 (1997–2024) AK 2 (2009–2023)

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.

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