Legal Opinion

Fogle v. H & G Restaurant, Inc.

Court of Appeals of Maryland

Decided February 24, 1995No. 69PublishedCited by 84 opinions

1Opinion of the Court

MURPHY, Chief Judge.

This case concerns the propriety of granting an interlocutory injunction delaying the implementation throughout this State of § 09.12.23 of the Code of Maryland Regulations (COMAR) captioned: “Prohibition on Smoking in an Enclosed Workplace.”

I

The subject regulation was promulgated by the Commissioner of the Division of Labor and Industry (the Division) for the purpose of protecting Maryland employees from the haz*447ards associated with environmental tobacco smoke (ETS). It was developed with reliance on scientific studies that establish ETS as a cause of lung cancer and…

2Cases cited35 opinions

  1. Stanley v. GeorgiaSupreme Court of the United States · 1969
  2. Wooley v. MaynardSupreme Court of the United States · 1977
  3. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  4. Colten v. KentuckySupreme Court of the United States · 1972
  5. American Textile Manufacturers Institute, Inc. v. DonovanSupreme Court of the United States · 1981

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3Cited by84 opinions

  1. Board of Physician Quality Assurance v. BanksCourt of Appeals of Maryland · 1999
  2. Maryland Aviation Administration v. NolandCourt of Appeals of Maryland · 2005
  3. Schisler v. StateCourt of Appeals of Maryland · 2006
  4. Lussier v. Maryland Racing CommissionCourt of Appeals of Maryland · 1996
  5. Spencer v. Maryland State Board of PharmacyCourt of Appeals of Maryland · 2004

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