burden of demonstrating both error (Maryland) · Go Syfert
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burden of demonstrating both error in Maryland

6 Maryland opinions name it 2 courts 1987–2015 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 (2)

CaseFollowedCited
Harris v. Harrisgreen
md · 1987 · cited in 3 Maryland opinions naming this issue, 1991–2015
2 sentences

2015Ashley Corp., supra, 131 *14 Md.App. at 586, 750 A.2d 618 ; see also Harris v. David S. Harris, P.A., 310 Md. 310, 319 , 529 A.2d 356 (1987) (stating, “In civil cases, it is well established that the burden of demonstrating both error and prejudice is on the complaining party”).

2015Ashley Corp., supra, 131 *14 Md.App. at 586, 750 A.2d 618 ; see also Harris v. David S. Harris, P.A., 310 Md. 310, 319 , 529 A.2d 356 (1987) (stating, “In civil cases, it is well established that the burden of demonstrating both error and prejudice is on the complaining party”).

23
Kapiloff v. Lockegreen
md · 1975 · cited in 1 Maryland opinions naming this issue, 1987–1987
2 sentences

1987Beahm v. Shortall, supra, 279 Md. at 330 , 368 A.2d at 1011 , and cases cited therein; Kapiloff v. Locke, 276 Md. 466, 472 , 348 A.2d 697, 700 (1975). 5 It is our view, however, that, in civil cases, an erroneously imposed disqualification deprives a litigant of the right to chosen counsel. 6 If it is established on appeal that the disqualification *320 was in error, we shall presume that the disqualified attorney’s former client has been prejudiced and the burden will be on the party advantaged by the erroneous disqualification to prove that the disqualification did not influence the outcome

1987Beahm v. Shortall, supra, 279 Md. at 330 , 368 A.2d at 1011 , and cases cited therein; Kapiloff v. Locke, 276 Md. 466, 472 , 348 A.2d 697, 700 (1975). 5 It is our view, however, that, in civil cases, an erroneously imposed disqualification deprives a litigant of the right to chosen counsel. 6 If it is established on appeal that the disqualification *320 was in error, we shall presume that the disqualified attorney’s former client has been prejudiced and the burden will be on the party advantaged by the erroneous disqualification to prove that the disqualification did not influence the outcome

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 (3)

CaseCitedYears
Beahm v. Shortall green
md · 1977
2 sentences

2002Beahm v. Shortall, 279 Md. 321, 330 , 368 A.2d 1005 (1977).

2002Beahm v. Shortall, 279 Md. 321, 330 , 368 A.2d 1005 (1977).

31987–2002
J. Ashley Corp. v. Burson green
mdctspecapp · 2000
2 sentences

2015Ashley Corp., supra, 131 *14 Md.App. at 586, 750 A.2d 618 ; see also Harris v. David S. Harris, P.A., 310 Md. 310, 319 , 529 A.2d 356 (1987) (stating, “In civil cases, it is well established that the burden of demonstrating both error and prejudice is on the complaining party”).

2010Ashley Corp., supra, 131 Md.App. at 586 , 750 A.2d 618 ; see also Harris v. David S. Harris, P.A., 310 Md. 310, 319 , 529 A.2d 356 (1987) (stating, “In civil cases, it is well established that the burden of demonstrating both error and prejudice is on the complaining party”).

22010–2015
Witt v. Zions neutral
md · 1949
2 sentences

2015We conduct our review on the basis of the evidence introduced into the record, and not on the basis of either the statements of counsel as to what occurred in other cases, Witt v. Zions, 194 Md. 186, 189 , 70 A.2d 594 (1949), or proffers not accepted by the court as evidence.

2015We conduct our review on the basis of the evidence introduced into the record, and not on the basis of either the statements of counsel as to what occurred in other cases, Witt v. Zions, 194 Md. 186, 189 , 70 A.2d 594 (1949), or proffers not accepted by the court as evidence.

22010–2015

Where else courts name it

MD 6 (1987–2015) AZ 4 (2020–2022) CA 4 (2024–2025) MA 3 (2018–2026) MN 2 (2015–2026) UT 2 (2015–2019)

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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