essential elements claim (Maryland) · Go Syfert
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essential elements claim in Maryland

9 Maryland opinions name it 2 courts 1923–2010 0 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 (9)

CaseFollowedCited
Green v. H & R BLOCK, INC.green
md · 1999 · cited in 2 Maryland opinions naming this issue, 2007–2010
2 sentences

2007Fraudulent Concealment and Intentional Failure to Warn The essential elements for a claim of fraudulent concealment include: “(1) the defendant owed a duty to the plaintiff to disclose a material fact; (2) the defendant failed to disclose that fact; (3) the defendant intended to defraud or deceive the plaintiff; (4) the plaintiff took action in justifiable reliance on the concealment; and (5) the plaintiff suffered damages as a result of the defendant’s concealment.” Green v. H & R Block, 355 Md. 488, 525 , 735 A.2d 1039, 1059 (1999).

2007Fraudulent Concealment and Intentional Failure to Warn The essential elements for a claim of fraudulent concealment include: “(1) the defendant owed a duty to the plaintiff to disclose a material fact; (2) the defendant failed to disclose that fact; (3) the defendant intended to defraud or deceive the plaintiff; (4) the plaintiff took action in justifiable reliance on the concealment; and (5) the plaintiff suffered damages as a result of the defendant’s concealment.” Green v. H & R Block, 355 Md. 488, 525 , 735 A.2d 1039, 1059 (1999).

22
English v. Stategreen
mdctspecapp · 1973 · cited in 2 Maryland opinions naming this issue, 1976–1976
2 sentences

1976See English v. State, 16 Md.

1976See English v. State, 16 Md.

22
Lloyd v. General Motors Corp.green
md · 2007 · cited in 1 Maryland opinions naming this issue, 2010–2010
2 sentences

2010Lloyd, 397 Md. at 138 , 916 A.2d at 274 (emphasis added) (quotation marks omitted), quoting Green v. H & R Block, 355 Md. 488, 525 , 735 A.2d 1039, 1059 (1999).

2010Lloyd, 397 Md. at 138 , 916 A.2d at 274 (emphasis added) (quotation marks omitted), quoting Green v. H & R Block, 355 Md. 488, 525 , 735 A.2d 1039, 1059 (1999).

11
Collins v. Ligreen
mdctspecapp · 2007 · cited in 1 Maryland opinions naming this issue, 2009–2009
2 sentences

2009After reviewing the essential elements of a claim sounding in strict liability, as delineated in the Restatement (Second) of Torts § 402A, 11 the court noted that “the only issue is whether the circuit court could properly determine from the allegations in the complaint that any causation attributable to the manufacturer defendants ... was superseded by the negligence of others.” Id. at 578, 933 A.2d at 573 .

2009The intermediate appellate court stated that “an intermediary’s negligent failure to prevent harm will be a superseding cause when it is ‘so extraordinary as to not have been reasonably foreseeable.’ ” Id. at 580-81 , 933 A.2d at 574 (citation omitted).

11
Buxton v. Buxtongreen
md · 2001 · cited in 1 Maryland opinions naming this issue, 2007–2007
2 sentences

2007Liddy v. Lamone, 398 Md. 233, 243-44 , 919 A.2d 1276, 1283 (2007); Ross v. Board of Elections, 387 Md. 649, 668-70 , 876 A.2d 692, 703-04 (2005); Buxton v. Buxton, 363 Md. 634, 645-46 , 770 A.2d 152, 158-59 (2001); Parker v. Board Of Elec.

2007Liddy v. Lamone, 398 Md. 233, 243-44 , 919 A.2d 1276, 1283 (2007); Ross v. Board of Elections, 387 Md. 649, 668-70 , 876 A.2d 692, 703-04 (2005); Buxton v. Buxton, 363 Md. 634, 645-46 , 770 A.2d 152, 158-59 (2001); Parker v. Board Of Elec.

11
Ross v. State Board of Electionsgreen
md · 2005 · cited in 1 Maryland opinions naming this issue, 2007–2007
2 sentences

2007Liddy v. Lamone, 398 Md. 233, 243-44 , 919 A.2d 1276, 1283 (2007); Ross v. Board of Elections, 387 Md. 649, 668-70 , 876 A.2d 692, 703-04 (2005); Buxton v. Buxton, 363 Md. 634, 645-46 , 770 A.2d 152, 158-59 (2001); Parker v. Board Of Elec.

2007Liddy v. Lamone, 398 Md. 233, 243-44 , 919 A.2d 1276, 1283 (2007); Ross v. Board of Elections, 387 Md. 649, 668-70 , 876 A.2d 692, 703-04 (2005); Buxton v. Buxton, 363 Md. 634, 645-46 , 770 A.2d 152, 158-59 (2001); Parker v. Board Of Elec.

11
Liddy v. Lamonegreen
md · 2007 · cited in 1 Maryland opinions naming this issue, 2007–2007
2 sentences

2007Liddy v. Lamone, 398 Md. 233, 243-44 , 919 A.2d 1276, 1283 (2007); Ross v. Board of Elections, 387 Md. 649, 668-70 , 876 A.2d 692, 703-04 (2005); Buxton v. Buxton, 363 Md. 634, 645-46 , 770 A.2d 152, 158-59 (2001); Parker v. Board Of Elec.

2007Liddy v. Lamone, 398 Md. 233, 243-44 , 919 A.2d 1276, 1283 (2007); Ross v. Board of Elections, 387 Md. 649, 668-70 , 876 A.2d 692, 703-04 (2005); Buxton v. Buxton, 363 Md. 634, 645-46 , 770 A.2d 152, 158-59 (2001); Parker v. Board Of Elec.

11
United States v. Armstronggreen
scotus · 1996 · cited in 1 Maryland opinions naming this issue, 1996–1996
1 sentence

1996The Court noted there were various formulations among the federal appellate courts on this issue, and concluded that they essentially articulated the same standard: the defendant must produce “ ‘some evidence tending to show the existence of the essential elements of the defense’ discriminatory effect and discriminatory intent.” Armstrong , — U.S. at —, 116 S.Ct. at 1488 (adopting the language of United States v. Berrios, 501 F.2d 1207, 1211 (2nd Cir.1974)).

11
United States v. Pablo Berriosgreen
ca2 · 1974 · cited in 1 Maryland opinions naming this issue, 1996–1996
1 sentence

1996The Court noted there were various formulations among the federal appellate courts on this issue, and concluded that they essentially articulated the same standard: the defendant must produce “ ‘some evidence tending to show the existence of the essential elements of the defense’ discriminatory effect and discriminatory intent.” Armstrong , — U.S. at —, 116 S.Ct. at 1488 (adopting the language of United States v. Berrios, 501 F.2d 1207, 1211 (2nd Cir.1974)).

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 (6)

CaseCitedYears
Davis v. State green
md · 1976
2 sentences

1976App. 657 , 256 A. 2d 821 (1969) was essentially that: “the due process clause of the Fourteenth *485 Amendment requires state trial judges to specifically inform defendants of the essential elements of their privilege against compulsory self-incrimination before accepting their guilty pleas ...Davis v. State, supra, 278 Md. at 107 .

1976Appellant’s sole contention for reversal is that “the record does not affirmatively show that appellant voluntarily and intelligently waived his privilege against compulsory self-incrimination when he entered his plea of guilty.” Prior to the recent decision of the Court of Appeals in Davis v. State, 278 Md. 103 (1976), we would have had no difficulty in agreeing with this contention, for we had interpreted Boykin v. Alabama, 395 U. S. 238 (1969), as a holding by the Supreme Court that the due process clause of the Fourteenth Amendment requires state trial judges to specifically inform defenda

21976–1976
Boykin v. Alabama green
scotus · 1969
1 sentence

1976Appellant’s sole contention for reversal is that “the record does not affirmatively show that appellant voluntarily and intelligently waived his privilege against compulsory self-incrimination when he entered his plea of guilty.” Prior to the recent decision of the Court of Appeals in Davis v. State, 278 Md. 103 (1976), we would have had no difficulty in agreeing with this contention, for we had interpreted Boykin v. Alabama, 395 U. S. 238 (1969), as a holding by the Supreme Court that the due process clause of the Fourteenth Amendment requires state trial judges to specifically inform defenda

11976–1976
Silverberg v. Warden green
mdctspecapp · 1969
1 sentence

1976App. 657 , 256 A. 2d 821 (1969) was essentially that: “the due process clause of the Fourteenth *485 Amendment requires state trial judges to specifically inform defendants of the essential elements of their privilege against compulsory self-incrimination before accepting their guilty pleas ...Davis v. State, supra, 278 Md. at 107 .

11976–1976
Glenn v. Clapp neutral
md · 1839
1 sentence

1923Glenn v. Clapp, 11 G. & J. 1 ; Cohen v. Wagner, 6 Gill, 236 ; Johnson v. Dorsey, 1 Gill, 269; Gibbs v. Cunning *277 ham, 1 Md.

11923–1923
Cohen v. Wagner neutral
md · 1847
1 sentence

1923Glenn v. Clapp, 11 G. & J. 1 ; Cohen v. Wagner, 6 Gill, 236 ; Johnson v. Dorsey, 1 Gill, 269; Gibbs v. Cunning *277 ham, 1 Md.

11923–1923
Gibbs v. Cunningham green
mdch · 1847
1 sentence

1923Glenn v. Clapp, 11 G. & J. 1 ; Cohen v. Wagner, 6 Gill, 236 ; Johnson v. Dorsey, 1 Gill, 269; Gibbs v. Cunning *277 ham, 1 Md.

11923–1923

Where else courts name it

OH 192 (1978–2025) TX 143 (1937–2024) TN 107 (1976–2024) WA 101 (1961–2026) ID 70 (1955–2026) LA 53 (1938–2022) GA 50 (1935–2024) NC 48 (1978–2025) WY 44 (1979–2020) NY 42 (1894–2025) CA 42 (1920–2026) NM 31 (1971–2025) IL 31 (1971–2026) FL 30 (1942–2026) CT 28 (1963–2019) MO 26 (1957–2016) IN 25 (1972–2026) MS 24 (1995–2025) MA 23 (1991–2025) HI 20 (1995–2026) OR 19 (1984–2025) AL 18 (1923–2024) PA 17 (1926–2024) OK 16 (1911–2021) WV 14 (1987–2025) KY 13 (1949–2026) KS 12 (1953–2021) VA 12 (1988–2025) IA 11 (1935–2026) ME 10 (2011–2023) MI 10 (2014–2026) MD 9 (1923–2010) VT 8 (2003–2026) NJ 8 (1979–2025) ND 6 (1978–1996) DC 6 (1979–2003) AZ 6 (1936–1983) MN 5 (1972–2016) UT 5 (1994–2023) RI 5 (1987–2006) SC 4 (1932–2000) MT 4 (1989–2022) CO 3 (1988–2025) SD 3 (1992–2002) AK 3 (1991–2014) AR 3 (1998–2010)

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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