terms presumption (Maryland) · Go Syfert
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terms presumption in Maryland

13 Maryland opinions name it 2 courts 1871–2023 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 (3)

CaseFollowedCited
Allen v. Rittergreen
md · 2011 · cited in 1 Maryland opinions naming this issue, 2012–2012
2 sentences

2012See Allen v. Ritter, 424 Md. 216, 229-30 , 35 A.3d 443, 450-51 (2011).

2012See Allen v. Ritter, 424 Md. 216, 229-30 , 35 A.3d 443, 450-51 (2011).

11
cluster 389220green
ca9 · 1981 · cited in 1 Maryland opinions naming this issue, 1984–1984
1 sentence

1984Accord Donovan v. Royal Logging Co., supra, 645 F.2d at 829 ; St.

11
National Realty and Construction Company, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, Partygreen
cadc · 1973 · cited in 1 Maryland opinions naming this issue, 1984–1984
1 sentence

1984Where the employer’s asserted obligation does not rest on the specific terms of a standard expressly designed to govern employer obligations, but is based solely on the general duty clause, the administrator “must be constrained to specify the particular steps a cited employer should have taken to avoid citation, and to demonstrate the feasibility and likely utility of those measures.” National Realty and Construction Co. v. OSHRC, 489 F.2d 1257, 1268 (D.C.Cir.1973).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Lockett v. Blue Ocean Bristol, LLC green
md · 2016
2 sentences

2023Therefore, they “must be liberally construed in order to effectuate [their] broad remedial 24 Westminster points out that prospective tenants could decline to sign a lease, but “take-it-or-leave-it” is not the equivalent of negotiation. 27 purpose[s].” See Lockett, 446 Md. at 424 .

2023Therefore, they “must be liberally construed in order to effectuate [their] broad remedial 24 Westminster points out that prospective tenants could decline to sign a lease, but “take-it-or-leave-it” is not the equivalent of negotiation. - 27 - purpose[s].” See Lockett, 446 Md. at 424 .

32023–2023
Brady v. State green
md · 1981
2 sentences

1995In Brady v. State, 291 Md. 261, 266 , 434 A.2d 574 (1981), the Court of Appeals pointed out that A problem peculiar to the Barker test is its use of the terms presumption of prejudice and actual prejudice.

1995In Brady v. State, 291 Md. 261, 266 , 434 A.2d 574 (1981), the Court of Appeals pointed out that A problem peculiar to the Barker test is its use of the terms presumption of prejudice and actual prejudice.

21991–1995
Speer v. Turner green
mdctspecapp · 1976
2 sentences

2007When the landowner breached the terms of the waiver by erecting his house to a ultimate height of 24 feet, id., the Court of Special Appeals held that the neighbor was not estopped from pursuing relief for the breach.

2007Speer, 33 Md.App. at 729 , 366 A.2d at 101 . 32 .

12007–2007
Icgoren v. State green
mdctspecapp · 1995
2 sentences

2003In Icgoren, 103 Md.App. at 421-22 , 653 A.2d 972 , we said: “A problem peculiar to the Barker test is its use of the terms presumption of prejudice and actual prejudice.

2003In Icgoren, 103 Md.App. at 421-22 , 653 A.2d 972 , we said: “A problem peculiar to the Barker test is its use of the terms presumption of prejudice and actual prejudice.

12003–2003
Duncan v. Koustenis green
md · 1970
2 sentences

2002In Duncan , we held that a public school teacher did not meet the terms of that exception because he “d[id] not make rules and regulations or determine county educational policy.” Id.

2002In Duncan , we held that a public school teacher did not meet the terms of that exception because he "d[id] not make rules and regulations or determine county educational policy." Id.

12002–2002
Dermer v. Faunce neutral
md · 1947
2 sentences

1953The appellant says that even if a question of title were in issue in the replevin suit, nevertheless, the judgment is void or is not conclusive because it does not comply with the requirements of Sec. 129 of Art. 75 of the Code of 1951, and so amounts to no more than a writ of retorno habendo, which under the holding of Dermer v. Faunce, 187 Md. 610 , 51 A. 2d 76 , was not a final order which was appealable.

1953The appellant says that even if a question of title were in issue in the replevin suit, nevertheless, the judgment is void or is not conclusive because it does not comply with the requirements of Sec. 129 of Art. 75 of the Code of 1951, and so amounts to no more than a writ of retorno habendo, which under the holding of Dermer v. Faunce, 187 Md. 610 , 51 A. 2d 76 , was not a final order which was appealable.

11953–1953
Penix v. American Central Ins. neutral
· 1913
1 sentence

1915Co. (Miss.), 63 So. 346 , where the question we have been considering arose under somewhat similar conditions, it was held that a list, made by the assured, of all the goods, with their values, which were placed in the store when it was first opened for business, was an inventory within the intent of the Iron Safe Clause, and that as it had been made within a year before the date of the policy in suit, it was the duty of the assured, under the terms of the clause, to keep the books therein specified, without waiting to take another inventory within the thirty-day period.

11915–1915
Smith v. Mechanics' & Traders' Fire Insurance green
ny · 1865
1 sentence

1871Co., 32 N. Y., 399 , the policy was upon a “two-story framed building, used for winding and coloring yarn, and for storage of spun yarn, with the machinery and fixtures in it,” it was held, as the terms of the clause were fully satisfied as a description, they would not be construed to be a continuing warranty of future .-use.

11871–1871

Statutes the citing opinions construe

MD § Md. Code Ann., Bus. Reg. § 7-101 (3) MD § Md. Code Ann., Com. Law § 14-201 (3) MD § Md. Code Ann., Real Prop. § 8-208 (3) MD § Md. Code Ann., Real Prop. § 8-401 (3) USC § 15u.s.c.1692 (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

TX 107 (1890–2025) CA 78 (1863–2026) PA 76 (1891–2025) IL 60 (1883–2026) NY 54 (1851–2026) NJ 36 (1903–2026) FL 23 (1957–2026) OR 22 (1923–2022) MA 20 (1921–2025) MO 19 (1887–2012) WI 19 (1950–2024) TN 19 (1985–2025) AL 17 (1867–2013) OH 17 (1871–2025) IA 15 (1915–2025) CO 14 (1899–2009) WA 14 (1925–2017) UT 14 (1997–2024) MD 13 (1871–2023) CT 13 (1921–2024) LA 13 (1929–2026) NC 13 (1892–2019) NE 11 (1927–2014) AZ 11 (1917–2020) MI 10 (1896–2024) KY 9 (1935–2024) VA 8 (1900–2023) SC 7 (1935–2025) MN 7 (1878–2024) GA 7 (1907–2007) NV 7 (1909–2013) IN 7 (1892–1999) HI 7 (1915–2024) SD 6 (1934–2016) ID 6 (1989–2017) DC 6 (1987–2024) WV 5 (1911–2016) VT 5 (1856–1925) NM 5 (1963–2014) MS 5 (1994–2014) AK 5 (1981–2021) RI 5 (1981–2006) ME 5 (1943–2002) KS 5 (1911–1994) ND 4 (1901–2005) AR 3 (1978–1994) OK 3 (1913–1960) MT 3 (1922–1944) WY 3 (1927–2023) DE 3 (1971–2024) NH 2 (1860–2025)

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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