· 2/7/2006
Baltimore County v. Kelly
Citations
- 891 A.2d 1103
- 391 Md. 64
- 2006 Md. LEXIS 65
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that although summary judgment is useful in \facilitat[ing] the efficient disposition of litigation\ in appropriate circumstances, its function is not to make credibility determinations or factual findings
- indicating that although summary judgment is useful in “facilitating] the efficient disposition of litigation” in appropriate circumstances, its function is not to make credibility determinations or factual findings
- noting that although summary judgment is useful in “facilitat[ing] the efficient disposition of litigation” in appropriate circumstances, its function is not to make credibility determinations or factual findings
- explaining that as an alternative to the “routine appeal process,” Lab. & Empl. § 9-745(d) “allows any party to ‘submit to a jury any question of fact involved in the case’” (emphasis added)
- discussing how the burdens of proof and persuasion switch to the employer at the circuit court level when the employer (as opposed to the claimant) appeals the Commission's decision
- “Where the employer prevails before the Commission and the claimant elects to appeal employing an essentially de novo trial method,” the parties retain the same burdens of proof and persuasion they had before the Commission
Source: CourtListener parenthetical corpus (CC0).
Judges: Harrell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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