Case law

Maryland State Administrative Board of Election Laws v. Talbot County

316 Md. 332 · Court of Appeals of Maryland · Jun 8, 1989

The private defendants qualify under § 8-409(a)(3) as adversary parties who have a “concrete interest” in the rights afforded to them under § 216. … We found that Article XI-A was intended to provide for two categories of home rule powers: (1) the power to form and establish local government (which is implicitly granted under § 1 of Article XI-A) and (2) the power to

Fuller v. Republican Central Committee

444 Md. 613 · Court of Appeals of Maryland · Aug 21, 2015

The court rejected Petitioners’ argument that, under Maryland Rule 15-504(a),2 they were not required to establish a likelihood of success on the merits in order to prevail on the motion. … Contrary to Petitioners’ belief, this standard supplements the four-factor test for interlocutory injunctions established in Armacost rather than replaces it.

State v. Jenkins

307 Md. 501 · Court of Appeals of Maryland · Oct 7, 1986

“Nor can we find that the trial judge was clearly wrong in finding that the intent was to commit murder as distinguished from manslaughter.” … The criminal law recognizes the possibility of conditional and qualified intents. See R. Perkins, Criminal Law, supra, at 575, 580-582.

Duttera v. Babylon

83 Md. 536 · Court of Appeals of Maryland · Jun 17, 1896

mark to the single-bill, it nevertheless appears with sufficient clearness and certainty from the evidence, that there was no consideration to support the obligation, then, as is perfectly obvious, the single-bill does not establish … One of the main purposes of a cross-examination is to elicit such parts of a transaction imperfectly or not fully disclosed as may qualify or explain that portion of it which has been given, so that the whole and entire occurrence

Nails v. S & R, INC.

334 Md. 398 · Court of Appeals of Maryland · Apr 12, 1994

Punitive damages were sought in that case based upon the defendant’s alleged grossly negligent conduct in holding its employees out as qualified tax consultants when they were not qualified, and in inducing the plaintiffs … for” the misrepresentation, the plaintiff has established the “reliance element” of a fraud claim.

Shapiro v. Mayor of Baltimore

230 Md. 199 · Court of Appeals of Maryland · Dec 11, 1962

What is clearly meant is that, in this type of apartment, the area for outdoor living and use is to be communal. … Clearly, the exact degree of resemblance was not deemed important.

Design Kitchen and Baths v. Lagos

388 Md. 718 · Court of Appeals of Maryland · Sep 12, 2005

When the plain language of the statute is applied to the factual circumstances sub judice, without giving it a liberal interpretation in favor of the appellee, the appellee nevertheless clearly qualifies on both accounts. … It did so by establishing an extensive ‘employment verification system,’ § 1324a(a)(l), designed to deny employment to aliens who (a) are not lawfully present in the United States, or (b) are not lawfully authorized to work

Pack Shack, Inc. v. Howard County

371 Md. 243 · Court of Appeals of Maryland · Oct 9, 2002

Noting that § 12-304 is the only source for the right of appeal in contempt cases, it asserts that the language of that section clearly limits the appeal right to persons adjudged in contempt. … At the very least, to be intertwined, not to mention closely so, the matters must qualify for consolidation.

McCray v. State

305 Md. 126 · Court of Appeals of Maryland · Dec 24, 1985

The State filed an answer and conditional cross-petition for a writ of certiorari, arguing that certiorari should be denied because the testimony was clearly admissible and, even if not admissible, the error was harmless. … The broad discretion that is afforded a trial judge permits the admission of evidence that does not qualify as proper rebuttal.

Thomas v. Corso

265 Md. 84 · Court of Appeals of Maryland · Mar 17, 1972

In 1 Louisell and Williams, Medical Malpractice, § 8.05, pp. 206-07, it is stated: “The duty to attend the patient after a physician-patient relationship has been established is a clearly defined specific duty within the … Thomas was obviously qualified to testify in regard to the routine standard for communication by nurses working with him in the Hospital. The findings of the nurses at 12:05 a.m., in Dr.

Ahrens v. Ijams

158 Md. 412 · Court of Appeals of Maryland · Jan 15, 1930

The trustee thereupon qualified by filing an approved bond, sold the mortgaged premises, reported the sale, which was duly ratified and confirmed, and executed the deed to the purchaser which purported to convey the entire … So, in equity the analogous rule is clearly and succinctly put by Mr.

Thomas v. State

413 Md. 247 · Court of Appeals of Maryland · Apr 9, 2010

He also contends that the testimony was lay opinion that does not qualify under Maryland Rule 5-701, which governs opinion testimony by lay witnesses. 8 To determine whether there was error in the admission of Evans’s testimony … His testimony against Thomas came as part of an agreement to cooperate in an ongoing public corruption investigation in exchange for transactional, use, and derivative use immunity. 3 .

Adamson v. Correctional Medical Services, Inc.

359 Md. 238 · Court of Appeals of Maryland · Jun 14, 2000

A court’s role is to review the facts as found by the expert eye of the administrative agency and to reverse those findings only if they are clearly erroneous. … Hawk, 127 F.3d 1263, 1267 (10th Cir.1997), the Court of Appeals noted that "Congress clearly intended to require prisoners to exhaust only 'such administrative remedies as are available' before bringing a [federal action]

Benson v. Benson

204 Md. 601 · Court of Appeals of Maryland · Jun 8, 1954

Hahn, supra , that an agreement need not be formalized by a writing, and we see no reason to qualify the broad language of the statute by importing into it a requirement that a separation, by common consent of the parties … Gaither, 67 Md. 94 , 8 A. 744 (with appropriate allowance for the number of years during which the pertinent statute has been in force) appears directly applicable: "They [the courts] can construe a statute, but having once clearly

Dorsey v. Petrott

178 Md. 230 · Court of Appeals of Maryland · May 5, 1940

On the contrary, the statute is of the kind clearly indicated by the Referendum Amendment as being within its purview. … or interest, merely from the time of its passage, since an emergency act is effective from that date, until, by virtue of a referendum, it would “stand repealed thirty days after having been rejected by a majority of the qualified

Nathan v. State

370 Md. 648 · Court of Appeals of Maryland · Aug 29, 2002

They argue that the police clearly detained them beyond the permissible scope of a traffic stop. … As indicated supra, the fact that conduct may be innocent does not immunize it from consideration in determining reasonable suspicion.

Order of the International Fraternal Alliance v. State

77 Md. 547 · Court of Appeals of Maryland · Jun 21, 1893

Section 4 of the same Article provides, that “one of the purposes of this organization shall be the establishment of a benefit fund for the relief of its members in sickness, •accident or distress, or for their families or … insurance business ‘substantially or otherwise,’ there is no necessity to invoke the aid of the Act in its behalf; but if it is, the question must then be considered as to how far this proviso can be relied upon to impart immunity

SM Landover LLC v. Sanders

Court of Appeals of Maryland · Feb 4, 2025

Sanders’s other claims, the Appellate Court first determined that SM Landover qualified as a “home builder” under the HBRA. Id. at *9. … The Sellers are not arguing at this point that the Homeowners have failed to establish the elements of their causes of action under the Disclosure Act.

Lowe v. Lowe

150 Md. 592 · Court of Appeals of Maryland · May 4, 1926

But the consequence to the inhabitants is such that I" cannot conceive that it should be the law, and should have been the law during the more than a hundred years since national reservations were first established, and people … It may be argued with some force that the necessity here is entitled to the same effect in the law as that because of which statutory requirements regarding the election and appointment of officers are qualified by the rule

Bloodsworth v. State

307 Md. 164 · Court of Appeals of Maryland · Jul 29, 1986

It was established that there was human blood on the rock. … Buckhout, saying: “It is perhaps in establishing the ‘fit’ between the scientific research presented by Dr.