Ross factors in Maryland

7 Maryland opinions name it 2 courts 1987–2018 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 (14)

Case	Followed	Cited
cluster 371446green · 1979 · cited in 2 Maryland opinions naming this issue, 1987–1992 2 sentences 1992See In re U.S. Financial Securities Litigation, 609 F.2d 411 , 426 n. 48 (9th Cir.1979), cert. denied sub. nom., Gant v. Union Bank, 446 U.S. 929 , 100 S.Ct. 1866 , 64 L.Ed.2d 281 (1980) (noting that the Supreme Court has considered the Seventh Amendment question on several occasions since Ross without once considering this third factor). 1992See In re U.S. Financial Securities Litigation, 609 F.2d 411 , 426 n. 48 (9th Cir.1979), cert. denied sub. nom., Gant v. Union Bank, 446 U.S. 929 , 100 S.Ct. 1866 , 64 L.Ed.2d 281 (1980) (noting that the Supreme Court has considered the Seventh Amendment question on several occasions since Ross without once considering this third factor).	2	2
Minson v. Chrysler Corp.green scotus · 1980 · cited in 2 Maryland opinions naming this issue, 1987–1992 2 sentences 1992See In re U.S. Financial Securities Litigation, 609 F.2d 411 , 426 n. 48 (9th Cir.1979), cert. denied sub. nom., Gant v. Union Bank, 446 U.S. 929 , 100 S.Ct. 1866 , 64 L.Ed.2d 281 (1980) (noting that the Supreme Court has considered the Seventh Amendment question on several occasions since Ross without once considering this third factor). 1992See In re U.S. Financial Securities Litigation, 609 F.2d 411 , 426 n. 48 (9th Cir.1979), cert. denied sub. nom., Gant v. Union Bank, 446 U.S. 929 , 100 S.Ct. 1866 , 64 L.Ed.2d 281 (1980) (noting that the Supreme Court has considered the Seventh Amendment question on several occasions since Ross without once considering this third factor).	2	2
Switlik v. Hardwicke Corp.green scotus · 1980 · cited in 2 Maryland opinions naming this issue, 1987–1992 2 sentences 1992See In re U.S. Financial Securities Litigation, 609 F.2d 411 , 426 n. 48 (9th Cir.1979), cert. denied sub. nom., Gant v. Union Bank, 446 U.S. 929 , 100 S.Ct. 1866 , 64 L.Ed.2d 281 (1980) (noting that the Supreme Court has considered the Seventh Amendment question on several occasions since Ross without once considering this third factor). 1992See In re U.S. Financial Securities Litigation, 609 F.2d 411 , 426 n. 48 (9th Cir.1979), cert. denied sub. nom., Gant v. Union Bank, 446 U.S. 929 , 100 S.Ct. 1866 , 64 L.Ed.2d 281 (1980) (noting that the Supreme Court has considered the Seventh Amendment question on several occasions since Ross without once considering this third factor).	2	2
Moffitt v. Loegreen scotus · 1980 · cited in 2 Maryland opinions naming this issue, 1987–1992 2 sentences 1992See In re U.S. Financial Securities Litigation, 609 F.2d 411 , 426 n. 48 (9th Cir.1979), cert. denied sub. nom., Gant v. Union Bank, 446 U.S. 929 , 100 S.Ct. 1866 , 64 L.Ed.2d 281 (1980) (noting that the Supreme Court has considered the Seventh Amendment question on several occasions since Ross without once considering this third factor). 1992See In re U.S. Financial Securities Litigation, 609 F.2d 411 , 426 n. 48 (9th Cir.1979), cert. denied sub. nom., Gant v. Union Bank, 446 U.S. 929 , 100 S.Ct. 1866 , 64 L.Ed.2d 281 (1980) (noting that the Supreme Court has considered the Seventh Amendment question on several occasions since Ross without once considering this third factor).	2	2
In Re Adoption No. A91-71Agreen md · 1994 · cited in 2 Maryland opinions naming this issue, 1997–2018 2 sentences 2018There, the Court of Special Appeals explained that this Court had included a parent's behavior or character in the exceptional circumstances analysis in another case, In re Adoption/Guardianship No. A91-71A , 334 Md. 538 , 640 A.2d 1085 (1994). 2018There, the Court of Special Appeals explained that this Court had included a parent's behavior or character in the exceptional circumstances analysis in another case, In re Adoption/Guardianship No. A91-71A , 334 Md. 538 , 640 A.2d 1085 (1994).	1	2
Ross v. State Board of Electionsgreen md · 2005 · cited in 2 Maryland opinions naming this issue, 2005–2014 2 sentences 2014We did not decide in that case whether there was a private cause of action under § 12-202 because we had concluded that Ross’s claim was barred by the doctrine of laches, yet, in stating that the appellant’s claim was governed by § 12-202, we suggested that a private cause of action exists for challenging candidacy 110 based on alleged violations of the campaign finance reporting requirements of the Election Law Article. 387 Md. at 667-68 , 876 A.2d 692 . 2014We did not decide in that case whether there was a private cause of action under § 12-202 because we had concluded that Ross’s claim was barred by the doctrine of laches, yet, in stating that the appellant’s claim was governed by § 12-202, we suggested that a private cause of action exists for challenging candidacy 110 based on alleged violations of the campaign finance reporting requirements of the Election Law Article. 387 Md. at 667-68 , 876 A.2d 692 .	1	2
In Re: Adoption/guardianship of Rashawn H.green md · 2007 · cited in 1 Maryland opinions naming this issue, 2018–2018 1 sentence 2018See id. at 501, 937 A.2d 177 ; see also Ta'Niya C. , 417 Md. at 104 & n.11, 8 A.3d 745 .	1	1
In Re Adoption/Guardianship of Ta'Niya C.green md · 2010 · cited in 1 Maryland opinions naming this issue, 2018–2018 2 sentences 2018Id. at 116-17 , 8 A.3d 745 . 2018Id. at 116-17 , 8 A.3d 745 .	1	1
In Re Adoption/Guardianship No. 3598green md · 1997 · cited in 1 Maryland opinions naming this issue, 2018–2018 2 sentences 2018See In re Adoption/Guardianship No. 3598 , 347 Md. 295 , 325-26, 701 A.2d 110 (1997) ; In re Adoption/Guardianship No. A91-71A , 334 Md. 538 , 561-62, 640 A.2d 1085 (1994). 2018See In re Adoption/Guardianship No. 3598 , 347 Md. 295 , 325-26, 701 A.2d 110 (1997) ; In re Adoption/Guardianship No. A91-71A , 334 Md. 538 , 561-62, 640 A.2d 1085 (1994).	1	1
Todd v. Mass Transit Administrationgreen md · 2003 · cited in 1 Maryland opinions naming this issue, 2005–2005 2 sentences 2005O’Connor v. Baltimore County, 382 Md. 659 102, 110, 854 A.2d 1191, 1196 (2004); Todd v. MTA, 373 Md. 149, 154 , 816 A.2d 930, 933 (2003); Beyer v. Morgan State Univ., 369 Md. 335, 359 , 800 A.2d 707, 721 (2002); Schmerling v. Injured Workers’ Ins. 2005O’Connor v. Baltimore County, 382 Md. 659 102, 110, 854 A.2d 1191, 1196 (2004); Todd v. MTA, 373 Md. 149, 154 , 816 A.2d 930, 933 (2003); Beyer v. Morgan State Univ., 369 Md. 335, 359 , 800 A.2d 707, 721 (2002); Schmerling v. Injured Workers’ Ins.	1	1
O'CONNOR v. Baltimore Countygreen md · 2004 · cited in 1 Maryland opinions naming this issue, 2005–2005 1 sentence 2005O’Connor v. Baltimore County, 382 Md. *659 102, 110, 854 A.2d 1191, 1196 (2004); Todd v. MTA, 373 Md. 149, 154 , 816 A.2d 930, 933 (2003); Beyer v. Morgan State Univ., 369 Md. 335, 359 , 800 A.2d 707, 721 (2002); Schmerling v. Injured Workers’ Ins.	1	1
Beyer v. Morgan State Universitygreen md · 2002 · cited in 1 Maryland opinions naming this issue, 2005–2005 2 sentences 2005O’Connor v. Baltimore County, 382 Md. 659 102, 110, 854 A.2d 1191, 1196 (2004); Todd v. MTA, 373 Md. 149, 154 , 816 A.2d 930, 933 (2003); Beyer v. Morgan State Univ., 369 Md. 335, 359 , 800 A.2d 707, 721 (2002); Schmerling v. Injured Workers’ Ins. 2005O’Connor v. Baltimore County, 382 Md. 659 102, 110, 854 A.2d 1191, 1196 (2004); Todd v. MTA, 373 Md. 149, 154 , 816 A.2d 930, 933 (2003); Beyer v. Morgan State Univ., 369 Md. 335, 359 , 800 A.2d 707, 721 (2002); Schmerling v. Injured Workers’ Ins.	1	1
cluster 446532green ca9 · 1985 · cited in 1 Maryland opinions naming this issue, 1987–1987 1 sentence 1987See, e.g., Davis & Cox v. Summa Corp., 751 F.2d 1507, 1516 (9th Cir.1985) and In Re U.S. Financial Securities Litigation, 609 F.2d 411 (9th Cir.1979), cert. denied, 446 U.S. 929 , 100 S.Ct. 1866 , 64 L.Ed.2d 281 (1980).	1	1
Ross v. Bernhardgreen scotus · 1969 · cited in 1 Maryland opinions naming this issue, 1987–1987 2 sentences 1987Although the third prong of the so-called "Ross test” (set forth in Ross v. Bernard, supra, 396 U.S. at 538, n. 10 , 90 S.Ct. at 738, n. 10 ), dictates consideration of “the practical abilities and limitations of juries” in determining which issues are “legal” in nature, the majority of federal cotuts considering the question have not found complexity of the issues a sufficient ground to deny a jury trial. 1987Although the third prong of the so-called "Ross test” (set forth in Ross v. Bernard, supra, 396 U.S. at 538, n. 10 , 90 S.Ct. at 738, n. 10 ), dictates consideration of “the practical abilities and limitations of juries” in determining which issues are “legal” in nature, the majority of federal cotuts considering the question have not found complexity of the issues a sufficient ground to deny a jury trial.	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 (7)

Case	Cited	Years
In re: Adoption/G'ship of C.A. & D.A. green mdctspecapp · 2017 2 sentences 2018App. 30 , 168 A.3d 1088 (2017), because the Court approved "use of the Ross factors in a guardianship action." In C.A. and D.A. , after explaining that the factors in FL § 5-323 serve as mandatory criteria to determine exceptional circumstances that would rebut the parental presumption, the intermediate appellate court identified "[o]ther criteria relevant to an exceptional circumstances determination," specifically: the length of time that the child has been with his adoptive parents; the strength of the bond between the child and the adoptive parent; the relative stability of the child's fut 2018App. 30 , 168 A.3d 1088 (2017), because the Court approved "use of the Ross factors in a guardianship action." In C.A. and D.A. , after explaining that the factors in FL § 5-323 serve as mandatory criteria to determine exceptional circumstances that would rebut the parental presumption, the intermediate appellate court identified "[o]ther criteria relevant to an exceptional circumstances determination," specifically: the length of time that the child has been with his adoptive parents; the strength of the bond between the child and the adoptive parent; the relative stability of the child's fut	1	2018–2018
In re: Adoption/G'ship of H.W. green mdctspecapp · 2017 1 sentence 2018H.W. , 234 Md.	1	2018–2018
In re: Adoption of K'amora K. green mdctspecapp · 2014 2 sentences 2018App. 287 , 305-06, 97 A.3d 169 (2014), similarly does not demonstrate that the Ross factors are utilized to assess exceptional circumstances in TPR proceedings under FL § 5-323. 2018App. 287 , 305-06, 97 A.3d 169 (2014), similarly does not demonstrate that the Ross factors are utilized to assess exceptional circumstances in TPR proceedings under FL § 5-323.	1	2018–2018
Ross v. State green mdctspecapp · 1997 2 sentences 2004In Ross v. State, 117 Md.App. 357 , 700 A.2d 282 (1997), the State sought a postponement, over Ross’s objection, on the date Ross’s trial was scheduled to begin, because the drugs seized from Ross had not yet been analyzed. 2004In Ross v. State, 117 Md.App. 357 , 700 A.2d 282 (1997), the State sought a postponement, over Ross’s objection, on the date Ross’s trial was scheduled to begin, because the drugs seized from Ross had not yet been analyzed.	1	2004–2004
Chauffeurs, Teamsters & Helpers Local No. 391 v. Terry green scotus · 1990 2 sentences 1992Local No. 391 v. Terry, 494 U.S. 558 , 110 S.Ct. 1339, 1345 , 108 L.Ed.2d 519 (1990) (citing Granfinan 257 ciera, S.A. v. Nordberg, 492 U.S. 33 , 109 S.Ct. 2782 , 106 L.Ed.2d 26 (1989)). 1992Local No. 391 v. Terry, 494 U.S. 558 , 110 S.Ct. 1339, 1345 , 108 L.Ed.2d 519 (1990) (citing Granfinan 257 ciera, S.A. v. Nordberg, 492 U.S. 33 , 109 S.Ct. 2782 , 106 L.Ed.2d 26 (1989)).	1	1992–1992
Granfinanciera, S.A. v. Nordberg green scotus · 1989 2 sentences 1992Local No. 391 v. Terry, 494 U.S. 558 , 110 S.Ct. 1339, 1345 , 108 L.Ed.2d 519 (1990) (citing Granfinan 257 ciera, S.A. v. Nordberg, 492 U.S. 33 , 109 S.Ct. 2782 , 106 L.Ed.2d 26 (1989)). 1992Local No. 391 v. Terry, 494 U.S. 558 , 110 S.Ct. 1339, 1345 , 108 L.Ed.2d 519 (1990) (citing Granfinan 257 ciera, S.A. v. Nordberg, 492 U.S. 33 , 109 S.Ct. 2782 , 106 L.Ed.2d 26 (1989)).	1	1992–1992
Higgins v. Barnes green md · 1987 2 sentences 1992As Judge McAuliffe suggested in Higgins , “the third prong” of the Ross test has not been utilized by the courts as “a sufficient ground to deny a jury trial.” Higgins, supra, 310 Md. at 547 , 530 A.2d 724 . 1992As Judge McAuliffe suggested in Higgins , “the third prong” of the Ross test has not been utilized by the courts as “a sufficient ground to deny a jury trial.” Higgins, supra, 310 Md. at 547 , 530 A.2d 724 .	1	1992–1992

Where else courts name it

TX 37 (2000–2025) MI 21 (1987–2024) KS 19 (1995–2024) MS 14 (1992–2024) OH 14 (1996–2025) IL 13 (1981–2026) PA 11 (1977–2023) IN 11 (1991–2023) GA 10 (1998–2025) CA 9 (1985–2025) AL 8 (1989–2025) MD 7 (1987–2018) FL 6 (1977–2023) NY 5 (1997–2026) MN 5 (1993–2024) MO 5 (1970–2011) WI 4 (2000–2023) IA 4 (2000–2017) WA 4 (1990–2026) NE 3 (1985–2000) AZ 3 (2014–2014) SC 2 (2000–2018) KY 2 (1996–2009)

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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