Case law

Imbraguglio v. Great Atlantic & Pacific Tea Co.

108 Md. App. 151 · Court of Special Appeals of Maryland · Feb 6, 1996

As interpreted by the Court of Appeals, in order to establish statutory employer status under § 9-508, a party must show: (1) a principal contractor (2) who has contracted to perform work ' (3) which is a part of his trade … The statute, therefore, clearly requires two contracts, one between the principal contractor and a third party whereby it is agreed that the principal contractor will execute certain work for the third party, and another

Kearney v. France

222 Md. App. 542 · Court of Special Appeals of Maryland · Apr 29, 2015

In regard to appellee’s claim of sovereign immunity, we agree with appellant. … In sum, the award of back pay is not barred by sovereign immunity.

Addison v. State

173 Md. App. 138 · Court of Special Appeals of Maryland · Mar 8, 2007

This would be flatly inconsistent with the long-established and sound public policy against piecemeal appeals.” … As a general rule, interlocutory trial court orders rejecting defenses of common law sovereign immunity, governmental immunity, public official immunity, statutory immunity, or any other type of immunity, are not appealable

Calhoun v. Eagan

111 Md. App. 362 · Court of Special Appeals of Maryland · Aug 30, 1996

Such acts are in no way referable to the parental status, and they indicate its abandonment more clearly than words.[ 12 ] Also instructive is Doe v. … Section 895G states: (1) A parent of child is not immune from tort liability to the other solely by reason of that relationship. (2) Repudiation of general tort immunity does not establish liability for an act or omission

Francis v. Johnson

219 Md. App. 531 · Court of Special Appeals of Maryland · Oct 6, 2014

(2) A local government may not assert governmental or sovereign immunity to avoid the duty to defend or indemnify an employee established in this subsection. … This Court recently explained the evidence required to support a finding of malice as follows: “In the qualified immunity context, the Court of Appeals [has] affirmed that ‘malice’ has an ‘actual malice’ meaning

Montgomery County v. Anastasi

77 Md. App. 126 · Court of Special Appeals of Maryland · Nov 4, 1988

The lists classified applicants as either “qualified” or by the more superior rating of “well qualified”, depending on their numerical score. Each of the appellees scored in the “well qualified” category. … ‘well qualified’ or ‘qualified’ ... the promotional list will be used to fill vacancies____” This notice was supplemented, for candidates for Master Police Officer, by a letter of January 2, 1986, which provided that “the

Hayes v. PRATCHETT

205 Md. App. 459 · Court of Special Appeals of Maryland · Jun 5, 2012

Clearly something extra is needed over and beyond the duty owed the employer. … Thus, the Court in Athas recognized the established rule that § 58 allows an employee to sue a coemployee whose negligence caused an injury.

Gibson v. State

138 Md. App. 399 · Court of Special Appeals of Maryland · May 1, 2001

The finding of Judge Chapin was not clearly erroneous and are, therefore, binding on us. … Judge Chapin found as a fact the prior convictions for qualifying offenses and two separate periods of incarceration — all in the State of New York.

Marmion v. M.O.M., Inc.

75 Md. App. 386 · Court of Special Appeals of Maryland · Jun 3, 1988

language of the statute clearly places the initiative on the park owner to offer the one-year lease. … Upon remand, we believe Parkway may attempt to establish that Marmion is no longer a "qualified resident.”

Maryland Commission on Human Relations v. Mayor of Baltimore

86 Md. App. 167 · Court of Special Appeals of Maryland · Feb 27, 1991

This case establishes, however, that the initial burden rests with the alleged victim to establish that he is qualified to do the job at issue. … The holding of the hearing examiner, adopted by the Appeal Board, however, clearly sets forth that Mrs.

Ohio Casualty Insurance v. Lee

62 Md. App. 176 · Court of Special Appeals of Maryland · Mar 8, 1985

relating to the claim with respect to which coverage is sought and the second, to the status of the person against whom a claim is *183 brought, i.e., whether that person is an insured under the contract: It contends that Lee qualifies … We also adopt the response of the Court of Appeals to a similar contention: “While Trans America may believe that the evidence of the guilty plea would establish injuries sustained by Mrs. Schaffer or Mrs.

Clark v. Prince George's County

211 Md. App. 548 · Court of Special Appeals of Maryland · May 2, 2013

There was no issue of immunity in that case. … The evidence was undisputed that Washington had taken the entire day off work to be home for the furniture delivery. *578 He was clearly off-duty and, as his own testimony established, he was not required to carry his service

General Motors Corp. v. Piskor

27 Md. App. 95 · Court of Special Appeals of Maryland · Jun 25, 1975

The crime causing the detention of Piskor was clearly not shoplifting within the contemplation of the statute. … A publication may be clearly defamatory as to somebody, and yet not on its face refer to a particular person.

State v. Copes

175 Md. App. 351 · Court of Special Appeals of Maryland · Jul 5, 2007

SOVEREIGN IMMUNITY/MTCA The State of Maryland, as sovereign, has absolute immunity from suit under common law. … Rather, she argued that “the injury to Gladys [ ] occurred on July 12, 2003, the day she died”; and that, because “[c]ase law in Maryland clearly established] that the date of injury, not the date of negligence, is the date

Brown v. State

234 Md. App. 145 · Court of Special Appeals of Maryland · Sep 27, 2017

CODIS hits from establishing probable cause. … The original House and Senate bills established the initial set of crimes that would qualify a suspect or convict for DNA collection, the people permitted to collect DNA evidence, the technical standards that each of the

MCB Woodberry Developer v. Millrace Condo.

Court of Special Appeals of Maryland · Dec 16, 2021

CIVIL IMMUNITY – ANTI-SLAPP STATUTE – Bad faith under the Anti-SLAPP statute has the same meaning as under Md. … The Community Declaration established easements, covenants, and community assessments, and defined the common areas of the development.

State v. One 1984 Toyota Truck

69 Md. App. 235 · Court of Special Appeals of Maryland · Mar 24, 1987

statute, when a vehicle is owned by husband and wife as tenants by the entireties and the wife is adjudged to be without knowledge of any narcotics involvement by her husband while using the vehicle, is the “conveyance” immunized … The record in the matter sub judice reveals that the motor vehicle was titled: “Craig Donald Kessler Debra Lou Kessler” without any “restrictive or qualifying words.”

Fraternal Order of Police v. Montgomery County Executive

210 Md. App. 117 · Court of Special Appeals of Maryland · Mar 4, 2013

The underlying purpose of establishing an orderly budget system with clearly delineated responsibility was the rationale behind the Court’s holding in Foster Children, where it stated: The provisions of the Budget Amendment … Clearly the Charter permits limits to budgetary discretion.

Frey v. Comptroller of the Treasury

184 Md. App. 315 · Court of Special Appeals of Maryland · Feb 26, 2009

The resulting tax inequality is clearly substantial. … Travis Manufacturing’s employees from those states did not qualify for the exemptions and the Supreme Court concluded that the New York law violated the Privileges and Immunities Clause: They [residents of Connecticut and

Samsun Corp. v. Bennett

154 Md. App. 59 · Court of Special Appeals of Maryland · Dec 11, 2003

In Radman , a patient of the defendant physician attempted to have an internal medicine specialist qualified as an expert witness to establish that the defendant physician did not perform a total abdominal hysterectomy according … Osteria was properly qualified to testify as an expert witness, his testimony failed to establish causation between appellee’s erectile dysfunction and the accident at the Singer Exxon. Dr.