non-exclusive list factors in Maryland

2022With respect to this reliability assessment, the Court 19 See Rochkind, 471 Md. at 14 n.5 (noting that courts have referred to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), as the “Daubert Trilogy”). 27 provided a non-exclusive list of factors for federal trial courts to consider: (1) “whether a theory or technique ... can be (and has been) tested”; (2) “whether [it] has been subjected to peer review and publication”; (3) “the known or potential rate of error”; (4) “

2022With respect to this reliability assessment, the Court 19 See Rochkind, 471 Md. at 14 n.5 (noting that courts have referred to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), as the “Daubert Trilogy”). 27 provided a non-exclusive list of factors for federal trial courts to consider: (1) “whether a theory or technique ... can be (and has been) tested”; (2) “whether [it] has been subjected to peer review and publication”; (3) “the known or potential rate of error”; (4) “

2022With respect to this reliability assessment, the Court 19 See Rochkind, 471 Md. at 14 n.5 (noting that courts have referred to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), as the “Daubert Trilogy”). 27 provided a non-exclusive list of factors for federal trial courts to consider: (1) “whether a theory or technique ... can be (and has been) tested”; (2) “whether [it] has been subjected to peer review and publication”; (3) “the known or potential rate of error”; (4) “

2022With respect to this reliability assessment, the Court 19 See Rochkind, 471 Md. at 14 n.5 (noting that courts have referred to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), as the “Daubert Trilogy”). 27 provided a non-exclusive list of factors for federal trial courts to consider: (1) “whether a theory or technique ... can be (and has been) tested”; (2) “whether [it] has been subjected to peer review and publication”; (3) “the known or potential rate of error”; (4) “

2022With respect to this reliability assessment, the Court 19 See Rochkind, 471 Md. at 14 n.5 (noting that courts have referred to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), as the “Daubert Trilogy”). 27 provided a non-exclusive list of factors for federal trial courts to consider: (1) “whether a theory or technique ... can be (and has been) tested”; (2) “whether [it] has been subjected to peer review and publication”; (3) “the known or potential rate of error”; (4) “

2022With respect to this reliability assessment, the Court 19 See Rochkind, 471 Md. at 14 n.5 (noting that courts have referred to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), as the “Daubert Trilogy”). 27 provided a non-exclusive list of factors for federal trial courts to consider: (1) “whether a theory or technique ... can be (and has been) tested”; (2) “whether [it] has been subjected to peer review and publication”; (3) “the known or potential rate of error”; (4) “

2010The Fairbanks Court proposed a non-exclusive list of factors for the trial court to consider when evaluating the best interests of a child under the GVS, which included: [T]he nature and stability of the child's relationships with its parents; the nature and substantiality of the relationship between the child and the grandparent, taking into account frequency of contact, regularity of contact, and amount of time spent together; the potential benefits and detriments to the child in granting the visitation order; the effect, if any, grandparental visitation would have on the child's attachment

2010The Fairbanks Court proposed a non-exclusive list of factors for the trial court to consider when evaluating the best interests of a child under the GVS, which included: [T]he nature and stability of the child's relationships with its parents; the nature and substantiality of the relationship between the child and the grandparent, taking into account frequency of contact, regularity of contact, and amount of time spent together; the potential benefits and detriments to the child in granting the visitation order; the effect, if any, grandparental visitation would have on the child's attachment

1997We can at this juncture only paint with a rather broad brush, identifying the required areas of consideration and the non-exclusive list of factors we have discussed, leaving to the trial judges in the first instance the weighing of factors appropriate to each individual case. 339 Md. at 665-666 , 664 A.2d 888 .

1997We can at this juncture only paint with a rather broad brush, identifying the required areas of consideration and the non-exclusive list of factors we have discussed, leaving to the trial judges in the first instance the weighing of factors appropriate to each individual case. 339 Md. at 665-666 , 664 A.2d 888 .

2015Id. at 659 , 480 A.2d 800 (citations omitted).

2015Id. at 659 , 480 A.2d 800 (citations omitted).

2013Quoting from Patton v. USA Rugby, 381 Md. 627, 637 , 851 A.2d 566, 571 (2004), we recounted the following non-exclusive list of factors for balancing the policy considerations inherent in the determination of whether a duty exists: “The foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered the injury, the closeness of the connection between the defendant’s conduct and the injury suffered, the moral blame attached to the defendant’s conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of

2013Quoting from Patton v. USA Rugby, 381 Md. 627, 637 , 851 A.2d 566, 571 (2004), we recounted the following non-exclusive list of factors for balancing the policy considerations inherent in the determination of whether a duty exists: “The foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered the injury, the closeness of the connection between the defendant’s conduct and the injury suffered, the moral blame attached to the defendant’s conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of

2013Quoting from Patton v. USA Rugby, 381 Md. 627, 637 , 851 A.2d 566, 571 (2004), we recounted the following non-exclusive list of factors for balancing the policy considerations inherent in the determination of whether a duty exists: “The foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered the injury, the closeness of the connection between the defendant’s conduct and the injury suffered, the moral blame attached to the defendant’s conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of

2013Quoting from Patton v. USA Rugby, 381 Md. 627, 637 , 851 A.2d 566, 571 (2004), we recounted the following non-exclusive list of factors for balancing the policy considerations inherent in the determination of whether a duty exists: “The foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered the injury, the closeness of the connection between the defendant’s conduct and the injury suffered, the moral blame attached to the defendant’s conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of

2013Id.

2011Folk v. State, 11 Md.App. 508, 518 , 275 A.2d 184 (1971).

2011Folk v. State, 11 Md.App. 508, 518 , 275 A.2d 184 (1971).

2009The Fairbanks Court provided a non-exclusive list of factors to be considered when evaluating the best interests of a child, as set forth in footnote 1, supra. The Koshko Court noted that the Fairbanks “best interest” analysis was followed in the pre-Troxel cases of Beckman v. Boggs, 337 Md. 688 , 655 A.2d 901 (1995), Maner v. Stephenson, 342 Md. 461 , 677 A.2d 560 (1996), and Wolinski v. Browneller, 115 Md.App. 285 , 693 A.2d 30 (1997).

2009The Fairbanks Court provided a non-exclusive list of factors to be considered when evaluating the best interests of a child, as set forth in footnote 1, supra. The Koshko Court noted that the Fairbanks “best interest” analysis was followed in the pre-Troxel cases of Beckman v. Boggs, 337 Md. 688 , 655 A.2d 901 (1995), Maner v. Stephenson, 342 Md. 461 , 677 A.2d 560 (1996), and Wolinski v. Browneller, 115 Md.App. 285 , 693 A.2d 30 (1997).

2009In Wolinski , we held that “a court’s granting of a grandparent’s visitation schedule (as opposed to the grant of visitation in the first instance) over that of a parent’s preference was even less of an affront to the parent’s constitutional rights.” Koshko, 398 Md. at 416 , 921 A.2d 171 (citing Wolinski, 115 Md.App. at 307 , 693 A.2d 30 ) (emphasis in original).

2009In Wolinski , we held that “a court’s granting of a grandparent’s visitation schedule (as opposed to the grant of visitation in the first instance) over that of a parent’s preference was even less of an affront to the parent’s constitutional rights.” Koshko, 398 Md. at 416 , 921 A.2d 171 (citing Wolinski, 115 Md.App. at 307 , 693 A.2d 30 ) (emphasis in original).

2009The Fairbanks Court provided a non-exclusive list of factors to be considered when evaluating the best interests of a child, as set forth in footnote 1, supra. The Koshko Court noted that the Fairbanks “best interest” analysis was followed in the pre-Troxel cases of Beckman v. Boggs, 337 Md. 688 , 655 A.2d 901 (1995), Maner v. Stephenson, 342 Md. 461 , 677 A.2d 560 (1996), and Wolinski v. Browneller, 115 Md.App. 285 , 693 A.2d 30 (1997).

2009The Fairbanks Court provided a non-exclusive list of factors to be considered when evaluating the best interests of a child, as set forth in footnote 1, supra. The Koshko Court noted that the Fairbanks “best interest” analysis was followed in the pre-Troxel cases of Beckman v. Boggs, 337 Md. 688 , 655 A.2d 901 (1995), Maner v. Stephenson, 342 Md. 461 , 677 A.2d 560 (1996), and Wolinski v. Browneller, 115 Md.App. 285 , 693 A.2d 30 (1997).

2009The Fairbanks Court provided a non-exclusive list of factors to be considered when evaluating the best interests of a child, as set forth in footnote 1, supra. The Koshko Court noted that the Fairbanks “best interest” analysis was followed in the pre-Troxel cases of Beckman v. Boggs, 337 Md. 688 , 655 A.2d 901 (1995), Maner v. Stephenson, 342 Md. 461 , 677 A.2d 560 (1996), and Wolinski v. Browneller, 115 Md.App. 285 , 693 A.2d 30 (1997).

2009The Fairbanks Court provided a non-exclusive list of factors to be considered when evaluating the best interests of a child, as set forth in footnote 1, supra. The Koshko Court noted that the Fairbanks “best interest” analysis was followed in the pre-Troxel cases of Beckman v. Boggs, 337 Md. 688 , 655 A.2d 901 (1995), Maner v. Stephenson, 342 Md. 461 , 677 A.2d 560 (1996), and Wolinski v. Browneller, 115 Md.App. 285 , 693 A.2d 30 (1997).

2008Simonds v. Simonds, 165 Md.App. 591, 604-05 , 886 A.2d 158 (2005). *292 The year after passage of the Alimony Act, the legislature revamped the law of marital property, also upon the recommendation of the Governor’s Commission on Domestic Relations Law.

2008Simonds v. Simonds, 165 Md.App. 591, 604-05 , 886 A.2d 158 (2005). *292 The year after passage of the Alimony Act, the legislature revamped the law of marital property, also upon the recommendation of the Governor’s Commission on Domestic Relations Law.

2002Harris, 366 Md. at 406 , 784 A.2d at 533 (quoting Attorney Grievance Comm’n v. Jaseb, 364 Md. 464, 481-82 , 773 A.2d 516, 526 (2001) (other citations omitted)).

2002Harris, 366 Md. at 406 , 784 A.2d at 533 (quoting Attorney Grievance Comm’n v. Jaseb, 364 Md. 464, 481-82 , 773 A.2d 516, 526 (2001) (other citations omitted)).