Case law

Hoffman v. United Services Automobile Ass'n

309 Md. 167 · Court of Appeals of Maryland · Apr 1, 1987

Power Co., 305 Md. 369, 373 , 504 A.2d 632 (1986) (“Clearly, insurers are free to *178 provide more than the minimum benefits.”) … Section 541(f) clearly allows “excess uninsured” or “under-insured” motorist coverage in separate policies issued by the same or another insurer.

Attorney Grievance Commission v. Johnson

450 Md. 621 · Court of Appeals of Maryland · Dec 14, 2016

This Court determines whether clear and convincing evidence establishes that a lawyer violated an MLRPC. See Md. … Third, the motion to vacate did not establish that it was equitable to excuse Johnson’s failure to file an answer.

Wadsworth v. Sharma

479 Md. 606 · Court of Appeals of Maryland · Jul 15, 2022

This Court may abandon the doctrine of stare decisis when the decision is “clearly wrong and contrary to established principles” or where there is “a showing that the precedent has been superseded by significant changes … This Court’s decisions in Weimer and Fennell are not “clearly wrong and contrary to established principles” nor has there been “a showing that the precedent has been superseded by significant changes in the law or facts

Archer v. State

383 Md. 329 · Court of Appeals of Maryland · Oct 7, 2004

He’s immune from anything other than perjury and contempt. Is that correct, Ms. Handy? The State: That’s my understanding, your honor. The Court: All right. … Clearly, none of those factors constitute permissible sentencing criteria. In the present case, no such reasonable inference (the judge’s consideration of the defendant’s race, residence, or origin) could be drawn.

C.S. v. Prince George's County Department of Social Services

343 Md. 14 · Court of Appeals of Maryland · Jul 31, 1996

We further hold that the hearing under § 5-715 qualifies as a “contested case” hearing *24 under the APA, and that it was improper to provide C.S. with only the limited hearing specified by Chapter 318. … It is true that § 5-715 requires that the hearings be held “under procedures established by the Department and this section.”

Attorney Grievance Commission v. Thompson

376 Md. 500 · Court of Appeals of Maryland · Aug 13, 2003

The Court set out the factual basis for that finding, as follows: “Elmyra Hahn died in 1978 and Brown qualified as the personal representative of her estate. Shortly after that Mr. Hahn’s health deteriorated. … “Walter Hahn died in 1980 and Brown qualified as personal representative of his estate. He received from Owen assets of Mrs.

Packham v. German Fire Ins., Co.

50 L.R.A. 828 · Court of Appeals of Maryland · Jun 16, 1900

Whether these facts did so operate, must depend upon the applicability and effect of certain legal rules and principles which are well established. … he excluded from that judgment so much of that cause of action as relates to this policy he as effectually released so much of his right of action as if he had executed and delivered a release under seal therefor, and as clearly

Yates v. State

429 Md. 112 · Court of Appeals of Maryland · Oct 23, 2012

In the words of Grandison , this testimony establishes the “essential contents” of the hearsay from Jagd that Detective Hinton repeated to the jury. 341 Md. at 219 , 670 A.2d 398 . … State, 367 Md. 293, 305 , 786 A.2d 751 (2001) (stating that, to “qualify as a basis for second degree felony murder,” the “victim’s death, of course, must be ‘caused during the commission of, or attempt to commit,’ the underlying

WSC/2005 LLC v. Trio Ventures Assocs.

460 Md. 244 · Court of Appeals of Maryland · Jul 30, 2018

If a common-law right is to be taken away, it must be noted clearly by the legislature.”). … This common-law vacatur ground is well established in Maryland and was not abrogated by the MUAA.

Gerting v. Wells

103 Md. 624 · Court of Appeals of Maryland · Aug 13, 1906

The form of his statement expresses clearly the meaning I have attributed to his reply to Frederick, viz.: “That he had owned some bonds, but that these all now belonged to William.” … Its further inference is that William, after qualifying as executor, got possession of this certificate,.and then illegally and fraudulently converted the bonds to his own use; thus by inference in the face of Charles declaration

Attorney Grievance Commission v. Gray

433 Md. 516 · Court of Appeals of Maryland · Aug 15, 2013

A Judgment of Absolute Divorce was entered on July 27, 2009, with the Court retaining jurisdiction for the purposes of establishing a Qualified Domestic Relations Order (‘QDRO’). … This conduct is clearly violative of MRPC 3.3(a)(1), 3.3(a)(4), and 8.4(c).

Attorney Grievance Commission v. Ruddy

411 Md. 30 · Court of Appeals of Maryland · Oct 6, 2009

Bar Counsel provided no evidence to establish that the home could have been restored to marketable condition before the real estate market began to decline. … Ruddy’s use of the affidavits does not establish that Ruddy knowingly misrepresented facts to the court.

Mayor of Baltimore v. Theiss

354 Md. 234 · Court of Appeals of Maryland · May 17, 1999

Hardcastle were equity cases, where the rule is established. Jones v. Jones was a case in the Orphans’ Court where the testimony was taken before lay Judges. … It is unnecessary to address in this opinion the nature of and requirements for qualifying language in questions designed to elicit medical testimony. .

Department of Public Safety & Correctional Services v. Donahue

400 Md. 510 · Court of Appeals of Maryland · Aug 1, 2007

On this record, that finding was unsupported by substantial evidence, or, indeed, any evidence, and was therefore clearly erroneous. … Under the DPSCS hiring standards, therefore, Donahue was not qualified for reemployment. Donahue seeks to escape this disqualification on the ground that those regulations apply only to "new hires" and not to him.

Board of Educ., Mont. Co. v. Paynter

303 Md. 22 · Court of Appeals of Maryland · May 9, 1985

.1973) sets out *37 the criteria to be used in determining the question of good cause in this way: To voluntarily leave employment for good cause, the cause must be one which would reasonably impel the average able-bodied qualified … In the light of the referee’s entire opinion, the use of the word “felt” does not establish the application of a subjective standard.

Davis v. Montgomery County

267 Md. 456 · Court of Appeals of Maryland · Dec 22, 1972

These affidavits established, prima facie, an ample affording of due process of law to the appellants. … The counter-affidavit is clearly insufficient to raise a genuine issue of material fact in regard to a supposed denial of due process of law.

Davis v. State

333 Md. 27 · Court of Appeals of Maryland · Dec 9, 1993

The principles governing jury voir dire are well established in Maryland. … We must also note that these required areas of inquiry were qualified under the common law. Under common law rules of voir dire, jurors need not answer any questions likely to humiliate or embarrass them.

Chandlee v. Shockley

219 Md. 493 · Court of Appeals of Maryland · Apr 15, 1959

After a demurrer had been sustained, the appellant filed an amended declaration which made the added allegations that the appellee qualified as administratrix on October 18, 1956, *495 and that following such qualification … Co., supra,] cases, supra, show clearly that there is a chink in the supposedly impregnable armor of the substantive time limitation of the Act.

Philip Morris Inc. v. Glendening

349 Md. 660 · Court of Appeals of Maryland · May 19, 1998

See Md.Code (1957 Vol.), Article 32A, § 11; 1916 Maryland Laws, ch. 560, § 9. 10 Needless to say, however, section 6-105(b) clearly authorizes the Attorney General to retain outside counsel, and, more important, establishes … Clearly, these facts bear no resemblance to the instant case.

McDonell v. Harford Cnty. Hous. Agency

462 Md. 586 · Court of Appeals of Maryland · Jan 22, 2019

The PHA makes this determination based on standards established in its Administrative Plan. See id. … The Hearing Officer’s decision was supported by substantial evidence of qualifying criminal activity.