Case law

Frye v. Frye

305 Md. 542 · Court of Appeals of Maryland · Mar 11, 1986

Our survey clearly established that the overwhelming weight of authority was in complete accord with the abrogation of the rule as to cases sounding in negligence. … cautions: Repudiation of general tort immunity does not establish liability for an act or omission that, because of the parent-child relationship, is otherwise privileged or is not tortious.

Fritszche v. Maryland State Board of Elections

397 Md. 331 · Court of Appeals of Maryland · Feb 12, 2007

Nothing has been presented that establishes a link between the Board’s processing of the absentee ballots and the delay in absentee ballot returns. … CITIZENSHIP; PRIVILEGES AND IMMUNITIES; DUE PROCESS; EQUAL PROTECTION; APPOINTMENT OF REPRESENTATION; DISQUALIFICATION OF OFFICERS; PUBLIC DEBT; ENFORCEMENT "Section 1.

McMillan v. Love

379 Md. 551 · Court of Appeals of Maryland · Feb 17, 2004

Thus, the importance of controlling the County delegation by political fiat and manipulation, i.e., the party which controls the chair controls local matters, clearly a governmental function. … The Court held that, in light of the numerous “fiscal, regulatory and appointive functions,” id. at 277, assigned to the county delegation, it clearly performed governmental functions to which the one-person/one-vote requirement

Skinner v. Gaither

87 Md. 330 · Court of Appeals of Maryland · Mar 3, 1898

Skinner, after duly qualifying as guardian of these children, received from the Mutual Life Insurance Company of New York, on the 3rd of March, 1883, the sum $9,902.20—the net proceeds of a policy of insurance for $10,000 … We can perceive no ground upon which these appellants can be denied the right to participate in the distribution of these assets and we regard their right so to participate as clearly established.

Shipley v. State

220 Md. 463 · Court of Appeals of Maryland · Sep 9, 2001

This rule is apparently an extension of the rule under which an owner may testify to the value of his property, without his having to be qualified as an expert. See Bresnan v. Weaver, 151 Md. 375 , 135 A. 584 . … The trial court’s decision on the facts could be overturned by this Court only if clearly erroneous. Maryland Rule 741 c; Jenkins v. State, 215 Md. 70 , 137 A. 2d 115 ; Kier v. State, 216 Md. 513 , 140 A. 2d 896 .

Mayor & City Cncl. of Balt. v. Wallace

Court of Appeals of Maryland · Jul 17, 2025

Pointing to section 5-1101 of the Natural Resources Article, the City emphasizes that the Recreational Use Statute broadly defines “Land” to include “paths” and “trails,” which it claims, clearly encompasses the promenade … The Appellate Court relied on the principle established in Haley that the use of a public facility, not its location, is paramount to the analysis. Id. at 410.

Independent Newspapers, Inc. v. Brodie

407 Md. 415 · Court of Appeals of Maryland · Feb 27, 2009

Kolodner, 233 Md. 512, 522 , 197 A.2d 245, 250 (1964)(“An absolute privilege is distinguished from a qualified privilege in that the former provides immunity regardless of the purpose or motive of the defendant, or the reasonableness … I fear that the majority decision invites the lower courts to apply, on an ad hoc basis, a “superlaw” of Internet defamation that can trump the well-established defamation law.

Carey v. Baltimore County

262 Md. 491 · Court of Appeals of Maryland · Jun 4, 1971

The doctrine was clearly enunciated by this Court in recent years in Irvine v. Montgomery County, supra. … is cloaked with governmental immunity from its inception.

Kolker v. Gorn

193 Md. 391 · Court of Appeals of Maryland · Jun 28, 1949

In the instant case, however, there are qualifying words. … The qualifying words seem clearly applicable to all three parties, and their respective “survivors or survivor”. But the further question arises as to the admissibility and effect of the testimony. In Campbell v.

Neal v. Balt. City Brd. of School Commissioners

467 Md. 399 · Court of Appeals of Maryland · Feb 28, 2020

immunity to reach claims up to $400,000. 2016 Md. … According to counsel, he did so “specifically with an eye towards” later establishing the Board’s responsibility to indemnify Officer Pulley under § 5-518.

Izer v. State

77 Md. 110 · Court of Appeals of Maryland · Mar 14, 1893

The secrecy of the proceeding and the guaranteed immunity from punishment would stimulate perjury aud multiply false witnesses. … Luman’s term as clerk had expired in 1891, and that he had been re-elected the same year, and had thereafter duly qualified, but that,, though there had been no re-appointment of Mr.

International Brotherhood of Electrical Workers, Local 1805 v. Mayo

281 Md. 475 · Court of Appeals of Maryland · Dec 6, 1977

Sindorf, 276 Md. at 596-97 , in establishing his right to recover for the alleged defamation. … Clearly, if the absence of injury to reputation will not prevent an award of compensatory damages where mere negligence is established, it will not do so where, as here, the New York Times standard of malice is met.

Ijams v. Duvall

36 L.R.A. 127 · Court of Appeals of Maryland · Feb 24, 1897

How that person is to be chosen is clearly pointed out by the 12th section. He is to be elected by the people at the “ new election.” … mode of filling the vacancy is “clearly and explicitly provided.”

Abramson v. Reiss

334 Md. 193 · Court of Appeals of Maryland · Mar 23, 1994

the Secretary of State of Maryland as a charitable organization, the charitable nature of its many and varied activities and the allocation of such income and fees it obtains in furtherance of its activities, [t]he JCC is clearly … Bishop Byrne Home, 249 Md. 233 , 238 A.2d 863 , this Court was asked once again to overthrow the long established doctrine of immunity of charitable organizations from tort liability, for the reasons that it is an anachronism

Stevenson v. State

299 Md. 297 · Court of Appeals of Maryland · Apr 9, 1984

In the qualifying part of his testimony Michaelson testified that he had graduated cum laude from the Illinois School of Technology, a fact which subsequently proved to be untrue. … United States, 24 F.2d 82, 87 (7th Cir.1928), is the case credited with establishing the “might” rule that appellant urges this Court to adopt.

Horridge v. St. Mary's County Department of Social Services

382 Md. 170 · Court of Appeals of Maryland · Jul 28, 2004

The only averment in that regard is that they were licensed social workers which, if anything, suggests that they were at least professionally qualified. … The elements of a cause of action in negligence are well-established.

Hess v. Muir

65 Md. 586 · Court of Appeals of Maryland · Jun 24, 1886

It is, in fact, a property right, and not a mere privilege or immunity of citizenship.” … It is simply a conditional or qualified license or franchise, revocable at the will and *610 pleasure of the State. Phipps vs. State, 22 Md., 380, 388 .

Butz v. State

221 Md. 68 · Court of Appeals of Maryland · Dec 10, 1959

Upon the resumption of the trial, the Assistant State’s Attorney advised that the State was granting immunity to this witness, and the court concurred in the granting of the immunity and ruled, without objection from the … witness, that she must testify as immunity had been granted.

Motor Vehicle Administration of the Maryland Department of Transportation v. Seidel Chevrolet, Inc.

326 Md. 237 · Court of Appeals of Maryland · Apr 10, 1992

We believe that MVA’s characterization more accurately reflects the Legislature’s intent in establishing the Fund. … State Highway Admin., we observed: "A waiver of sovereign or governmental immunity from suit generally requires that two conditions be met.

Brown v. State

409 Md. 1 · Court of Appeals of Maryland · May 18, 2009

When her claim was dismissed on the ground that the judge had absolute immunity from suit, the petitioner noted an appeal. … stated: [Parker’s] argument [that the Circuit Court for Baltimore City did not have “jurisdiction” to issue a post-acquittal warrant for her arrest] not only misconstrues the statute but overlooks the critical distinction, clearly