Case law

Shannon v. Fusco

438 Md. 24 · Court of Appeals of Maryland · Apr 24, 2014

Trovato was qualified to opine about Dr. … As these cases clearly demonstrate, the package insert’s warnings are relevant evidence as to whether the treating physician’s conduct fell below the standard of care in prescribing or administering medication, an issue of

Crawford v. Cty. Cncl. of Prince George's Cty.

482 Md. 680 · Court of Appeals of Maryland · Feb 23, 2023

Breaking down this subsection into its component parts, the “facility” in question is the Property, and Amazon clearly qualifies as a “retailer.” … Marzullo contended that his snake breeding qualified as a farm use. Id. at 163.

Frey v. Comptroller of the Treasury

422 Md. 111 · Court of Appeals of Maryland · Sep 29, 2011

Hubbard, 305 Md. 774, 792 , 506 A.2d 625, 634 (1986) (‘application of the State Board of Education’s expertise would clearly be desirable before a court attempts to resolve the’ legal issues).” … T.G. § 10-106 establishes the county income tax rates and the processes through which those rates may be changed. 8 .

State Ethics Commission v. Evans

382 Md. 370 · Court of Appeals of Maryland · Jul 30, 2004

The present case clearly is distinguishable from these cases. First, application of § 15-405(e) to Evans impairs no vested right. … Under the Majority’s view, the presumption against retroactivity successfully may be invoked whenever a statute or licensing scheme operates on past events in any way, ignoring the qualified definition and caveat of caution

Adams v. Capron

21 Md. 186 · Court of Appeals of Maryland · Mar 2, 1864

The fact of due care and diligence on the part of Huth & Co. was thus clearly shown to be an essential element of the appellee’s case, and it cannot be doubted that the instruction as to their right of recovery was founded … The proposition of the prayer appears to be founded upon no defined or established rule of law applicable to that relationship of the parties.

In Re Yve S.

373 Md. 551 · Court of Appeals of Maryland · Mar 27, 2003

This presumption also is a well established principle of Maryland law. … Rose is not qualified to do that, as she was not qualified as a psychiatrist, psychologist, or licensed clinical social worker. The testimony was improper and should have *616 been stricken.

Allen v. State

318 Md. 166 · Court of Appeals of Maryland · Dec 26, 1989

Antonio’s counsel disputed that the State had the authority to confer immunity. The court withheld its ruling. … The concept of complicity suggests that the witness is clearly implicated in the defendant’s alleged criminal activities, so as to establish the offense charged. Id. at 308 , 206 A.2d at 252 .

Clarke v. Union Trust Co. of D.C.

192 Md. 127 · Court of Appeals of Maryland · Jan 14, 1949

be established by Shriners Hospitals for Crippled Children or any subsidiary or affiliated corporation thereof.” … Before a taxpayer can obtain an exemption, it is upon him to show affirmatively that the alleged exemption has been clearly allowed by law.

Hewitt v. Maryland State Board of Censors

243 Md. 574 · Court of Appeals of Maryland · Jul 22, 1966

But whatever his status in life may be, his qualifications can not be assumed; they, must be established by evidence. … Indeed, his answer, in response to the call for his opinion, indicates quite clearly that it was merely a personal reaction. He said, “I feel that it does appeal to the prurient interest of people.” (Emphasis supplied.)

Widgeon v. Eastern Shore Hospital Center

300 Md. 520 · Court of Appeals of Maryland · Aug 21, 1984

It has long been held that where a statute establishes an individual right, imposes a corresponding duty on the government, and fails to provide an express statutory remedy, a traditional common law action will ordinarily … But they qualified the concession by insisting that, while equitable remedies were available in an appropriate case, money damages were not.

Allen v. State

183 Md. 603 · Court of Appeals of Maryland · Nov 15, 1944

The principle has always been liberally construed in order to give the fullest effect to this immunity, and the protection thus afforded adheres to the accused throughout the trial. Blum v. … to compelling the defendant to put her foot in the track and her conduct in so doing, the Court reasoned that “if the conformity had been perfect, that fact would have appeared from the enforced conduct of the defendant, clearly

Secretary, Department of Public Safety & Correctional Services v. Demby

390 Md. 580 · Court of Appeals of Maryland · Jan 17, 2006

Special Projects Credit. (1) The Commissioner, with the approval of the Secretary and based on the Division’s current policy and procedure, may establish a list of assignments that qualify for special projects credit that … The DOC established double celling as a special project under the authority of section 3-707.

Debbas v. Nelson

389 Md. 364 · Court of Appeals of Maryland · Nov 9, 2005

It asserts that Respondents failed to establish a prima facie case of agency and therefore their theory of liability must fail. … The language clearly states that the doctors practicing in the Hospital are Hospital staff. Moreover, the record indicates that at the time of the events at issue in the case at bar, Dr.

DEP'T. OF ASSESS. & TAX. v. Belcher

315 Md. 111 · Court of Appeals of Maryland · Feb 28, 1989

Since Belcher's activities were strictly personal, they do not qualify under this phrase. … As we see it, Belcher's investment activities were clearly an endeavor within the ordinary and popularly understood meaning of that term.

Supreme Council of American Legion of Honor v. Green

71 Md. 263 · Court of Appeals of Maryland · Jun 12, 1889

In the 5th section of Article 2 of the Constitution of the Supreme Council of the Legion of Honor the object of the order, so far as it affects this case, is declared to be “To establish a benefit fund, from which, on satisfactory … The decision turned on the right to designate the jaerson named as beneficiary, and the person being designated clearly, the designation of her as “wife,” when she |>assed as such, but was not so, was held not to disentitle

Reeder v. Board of Supervisors of Elections

269 Md. 261 · Court of Appeals of Maryland · Jun 6, 1973

The argument of the appellant that county elections are excluded from the *264 scope of Article 33 because they are “municioalities,” and the only municipality included is Baltimore City, is clearly unsound in view of the … Article 33, Sections 3-4(a) and (b)(4), as amended, provide: “(a) Qualified voters. — Only persons, constitutionally qualified to vote in the precinct or district, as the case may be, shall be registered as qualified voters

Newton v. State

455 Md. 341 · Court of Appeals of Maryland · Aug 23, 2017

Washington, I would hold that his performance was deficient because he consented to an arrangement that violated clearly established Maryland law, which had no potential to benefit his client. … Despite this clearly established law, Mr.

Whisner v. Whisner

122 Md. 195 · Court of Appeals of Maryland · Jan 13, 1914

If the object of the second question was to establish an admission of the executor, it also was inadmissible. … The plaintiff’s first prayer was clearly erroneous and was properly rejected.

Kastendike v. Baltimore Ass'n for Retarded Children, Inc.

267 Md. 389 · Court of Appeals of Maryland · Dec 14, 1972

Thus, clearly, the action of the Gaddises in establishing their nursing home did not require assent. But, does this immunity from the requirement by the prior owners insulate their successors in interest? … For example, it is clearly established that hospital records are admissible into evidence under proper circumstances as a “business” record. See Snyder v.

Remsburg v. Montgomery

376 Md. 568 · Court of Appeals of Maryland · Aug 27, 2003

She further maintained that even if the emergency operator typically was protected by a qualified immunity, a “special relationship” existed between Ms. … Initially, we determined that emergency assistance operators enjoy a qualified immunity under the public duty doctrine and, absent a “special relationship” with a caller, held that no such special relationship was established