Case law

Wilcox v. Orellano

443 Md. 177 · Court of Appeals of Maryland · May 28, 2015

Bringing a Claim under the Health Care Malpractice Claims Act The Health Care Malpractice Claims Act (“HCMCA”), codified at Maryland Code, Courts & Judicial Proceedings Article (“CJ”), §3-2A-01 et seq., establishes … We need not resolve whether it was properly preserved for our review, given our resolution of the issue that clearly was preserved. 14 way that she could without court permission

Richmond Corp. v. Board of County Commissioners

254 Md. 244 · Court of Appeals of Maryland · Jun 25, 1969

In summary, all of the prior Maryland cases cited by *260 and relied upon by Richmond are clearly distinguishable from the case at bar. … Although he qualified as a real estate expert, no attempt was made to qualify him as a traffic expert, so that the District Council could well take that into account in evaluating his testimony.

Pulte Home Corp. v. Parex, Inc.

403 Md. 367 · Court of Appeals of Maryland · Feb 14, 2008

, the larger the judgment, the greater both the client’s burden and the lawyer’s impunity: “The [contrary] rule would seem to penalize a lawyer for his negligence when it costs his client a modest judgment but grant him immunity … That established their loss and liability and thus capped the value of their cross-claims.

Attorney Grievance Commission v. Stillwell

434 Md. 69 · Court of Appeals of Maryland · Aug 22, 2013

Finally, although it is not clearly stated in the stipulated facts that Respondent knowingly and intentionally violated the firm’s ‘Outside Work’ policy by establishing TCR as a personal venture, his misuse of firm resources … In Garcia , the attorney, knowing that his client did not have the employment background and experience needed to qualify for a position as an alien worker, signed a letter, drafted by his co-conspirator, that falsely stated

Jones v. Wayman

169 Md. 670 · Court of Appeals of Maryland · Jan 16, 1936

He, however, qualified the statement as to drunkenness, to the extent that he could not say how drunk the patient was, but that he certainly had been drinking; that he was bleeding badly; his teeth were knocked out; and that … In the case before us, the question of contributory negligence was clearly left to the jury in the granted prayers of the appellant; and there was no reversible error in the rejection of his fifth prayer.

Wiggins v. State

315 Md. 232 · Court of Appeals of Maryland · Mar 7, 1989

The plain view doctrine “permits a law enforcement officer to seize what clearly is incriminating evidence or contraband when it is discovered in a place where the officer has a right to be.” … The Court of Special Appeals quoted from the Surgeon General’s Report on Acquired Immune Deficiency Syndrome (October 1986); *239 from the Executive Summary to the Report of the Governor’s Task Force on Acquired Immune Deficiency

2022 Legislative Districting

Court of Appeals of Maryland · Aug 31, 2022

Ripley, 352 Md. 754, 763 (1999) (“An absolute immunity for legislators, with respect to conduct and statements made in the course of legislative proceedings, is as venerable as judicial immunity, having been traced back … for their legislative acts but that a Governor should have only a qualified immunity for his or her legislative function of vetoing or approving legislation.”

Kendall v. Howard County

431 Md. 590 · Court of Appeals of Maryland · May 21, 2013

The Court of Appeals for the Fourth Circuit therefore concluded that those plaintiffs did not have standing because “[t]his type of abstract, generalized interest clearly fails to meet the requirement that an injury be concrete … For this proposition, Petitioners simply cite a line of Supreme Court cases establishing that, “if a challenged state statute grants the right to vote in a limited purpose election to some otherwise qualified voters and denies

Sonneborn v. Hutzler

134 Md. 424 · Court of Appeals of Maryland · May 14, 1919

There are certain outstanding and controlling facts, clearly established by the evidence, which are sufficient to enable us to dispose of the legal question presented by the appeal. … qualified on that day.. *430 A day or two- after the grant of letters, Mr. Hiutzler returned to New York where he resides.

American Casualty Insurance Company's Case

82 Md. 535 · Court of Appeals of Maryland · Mar 24, 1896

It is sufficient if the language used shows that the settlor intended to create a trust, and clearly points out the property, the beneficiary and the disposition to be made of the property. 27 Am. & Eng. … A contract which stipulates for or agrees to such relaxation, and therefore contemplates immunity from the carrier’s own negligence, would be utterly void ; precisely as would a contract purporting to relieve a carrier of

Mayor of Baltimore v. State ex rel. Board of Police

15 Md. 376 · Court of Appeals of Maryland · Apr 17, 1860

The former announces principles on which, the government, about to be established, will be based. … We have no idea that the Convention, or the people, designed to clothe the city with the immunities now claimed for it.

Hambleton v. Glenn

72 Md. 331 · Court of Appeals of Maryland · Jun 18, 1890

We are clearly of opinion, therefore, that the Court below committed no error in sustaining the demurrer to the third plea. 3. … We think, for the reasons stated, the Court below was clearly right in sustaining the demurrer to the fourth plea. 4.

Attorney Grievance Commission v. Kourtesis

437 Md. 436 · Court of Appeals of Maryland · Mar 24, 2014

Upon the filing of such application, the Court may take or direct such action as it deems appropriate, including the examination of the attorney by such qualified medical experts as the Court shall designate … The Court began by repeating the well-established principle that “[t]he purpose of a disciplinary proceeding is to protect the public, rather than to punish the errant attorney.”

Vytar Associates v. Mayor of Annapolis

301 Md. 558 · Court of Appeals of Maryland · Nov 27, 1984

Section 2 of the legislation, in its first clause, clearly indicates the intention to have the authority bestowed by § 1 apply retrospectively: AND BE IT FURTHER ENACTED, That this Act confirms and codifies authority heretofor … Prince George’s County, however, established a rate of $1.65 per $500.

In Re Michael W.

367 Md. 181 · Court of Appeals of Maryland · Dec 13, 2001

Section 21 — 902(a)(1) and (b) required that the State establish that the defendant was either intoxicated or under the influence of alcohol. … It is a philosophical problem that we need not resolve, however, because we find another unique element in § 16-113(h) that clearly qualifies as an ‘element.’

In re State

54 Md. 572 · Court of Appeals of Maryland · Oct 7, 1880

the class embraced in the .Ant of LS'78, only he readied by formal indictment and trial bv iurv in the criminal Courts of the State, the formality and delay attending that mode of proceeding " would either operate as an immunity … The State, clearly, would have a right to be represented by its prosecuting attorney, to produce witnesses, and cross-examine those produced by the prisoner.

Rosenstock v. Rosenstock

151 Md. 253 · Court of Appeals of Maryland · Jun 29, 1926

The appellant and appellee qualified as executors and settled what was called a first and final account on February 20th, 1922. … This agreement established that the appellee owed the appellant nothing up to its date out of this account.

Huffman v. State Roads Commission

152 Md. 566 · Court of Appeals of Maryland · Mar 5, 1927

It may be that the right to abandon a road once established, and to establish another in lieu thereof, is a power of great breadth and importance, hut nevertheless, it is administrative rather than essentially legislative … bridge and approaches destroyed by the dam, another bridge and approaches thereto at a location which in its judgment would adequately serve the public convenience, would be to deprive it of power which the Legislature clearly

Rollins v. State

392 Md. 455 · Court of Appeals of Maryland · May 5, 2006

Smialek had been qualified as en expert in the field in which he was testifying, the subject matter about which Dr. … Clearly, Rollins was able to confront Ms. Dehne regarding her statements.

Basford v. Cranford

125 Md. 15 · Court of Appeals of Maryland · Jan 13, 1915

property, with the result that three of the commissioners made and filed their return, in which they state: “That all the commissioners appointed by the said Court met upon the said property according to the notice given and qualified … by commissioners, appointed to make partition of the real estate among the parties entitled; and upon full argument and deliberation it was decided, that though such valuation was not conclusive, and might be rejected if clearly