Case law

De Patricio v. Towson University

District Court, D. Maryland · Aug 19, 2024

Plaintiff counters that Counts I] and □□ are not barred by the doctrine of sovereign immunity due to an express congressional abrogation of sovereign immunity, ECF 39, at 2; and that Plaintiff has established … Therefore, Defendant bears the burden of establishing that Congress has not abrogated State immunity, and that Maryland has not waived its immunity suit. 2.

Cornell v. Council of Unit Owners Hawaiian Village Condominiums, Inc.

983 F. Supp. 640 · District Court, D. Maryland · Nov 5, 1997

Charpentier, 937 F.2d at 864 (permitting immunity defense to be raised in pretrial brief). … Plaintiffs evidence fails to establish that the exculpatory clause at issue was not reasonably knowable to him at the closing.

Rueda v. Yellen

District Court, D. Maryland · Aug 5, 2020

This occurs only when “all facts necessary to the affirmative defense ‘clearly appear on the face of the complaint.’” Id. … A “waiver of sovereign immunity must be unequivocally expressed in statutory text,” and be “clearly evident from the language of the statute.” FAA v.

Merchant v. Prince George's County

948 F. Supp. 2d 515 · District Court, D. Maryland · May 31, 2013

Moreover, I believe that each of these positions was filled by less qualified male colleagues. (Id. at 7-8). … See 29 C.F.R. §§ 1626.8 (a)-(b) (establishing that an ADEA charge "should contain” five specific types of information, but then qualifying these requirements by stating that a charge is "sufficient” if it meets the requirements

Rueda v. Yellen

District Court, D. Maryland · Oct 1, 2020

This occurs only when “all facts necessary to the affirmative defense ‘clearly appear on the face of the complaint.’” Id. … A “waiver of sovereign immunity must be unequivocally expressed in statutory text,” and be “clearly evident from the language of the statute.” FAA v.

Campbell McGagh v. The Supreme Court of Maryland

District Court, D. Maryland · Sep 6, 2024

It is well established that a judge, in performing his or her official functions, has absolute immunity from all litigation. E.g., Gibson v. … Goldston, 85 F.4th 218, 223 (4th Cir. 2023) (“Judicial immunity is strong medicine.”).

All Risks, Ltd. v. Equitable Life Assurance Society of the United States

931 F. Supp. 409 · District Court, D. Maryland · Jul 3, 1996

ERISA clearly preempts plaintiffs claims alleging improper administration of the Plan. In Tri-State Machine Inc. v. Nationwide Life Ins. … [the defendants] negligently breached the duty owed to All Risks to act with the reasonable care and skill of a professional qualified plan consultant.” Id. at para. 94.

Monroe-Lord v. Hytche

668 F. Supp. 979 · District Court, D. Maryland · Aug 19, 1987

These allegedly discriminatory acts clearly fall outside the 300-day limitations period. See Delaware State College v. … The difficult question is whether she has established a prima facie case that she was qualified for tenure. Zahorik, supra, 729 F.2d at 93-94 .

Allen

District Court, D. Maryland · Jan 21, 2026

fashion, “an ongoing and continuous policy of discriminatory practices, specifically by denying funding applications from minority-owned businesses like Plaintiff’s while approving those of similarly situated or less qualified … An untimely response to a motion does not by itself establish, under Rule 55(a), a defendant’s failure to plead or otherwise defend against a plaintiff’s claims. See Kelly v. Hill, Civ.

Raley v. Board of St. Mary's County Commissioners

752 F. Supp. 1272 · District Court, D. Maryland · Sep 7, 1990

As a *1278 first essential step, the plaintiff must establish a four element prima facie case: (1) that the employee is a member of a protected class; (2) that the employee was qualified for the job and the job performance … The present case clearly does not rise to this level. Sexual innuendos at Raley’s expense, although present, were also isolated incidents.

Newton v. Kenific Group

62 F. Supp. 3d 439 · District Court, D. Maryland · Oct 15, 2014

Therefore, this Court finds that Plaintiff has pled an intimate nexus sufficient to establish a duty of care. … Maryland has qualified, however, that statements of a speaker’s present intention to perform future acts within his control may support an action for negligent misrepresentation. Gross v.

United States v. Blair

493 F. Supp. 398 · District Court, D. Maryland · Jun 19, 1980

The mere taping of the boxes shut was not sufficient to create a reasonable expectation of privacy in these containers which were clearly cargo. … The system of filling the Qualified Jury Wheel apparently favors black males rather than excluding them. 14 .

Bruns v. Pomerleau

319 F. Supp. 58 · District Court, D. Maryland · Oct 20, 1970

The test to qualify for this position of probationary patrolman is thus not limited solely to the successful completion of the written examination, but rather to the passing of all requirements established by both authorities … But these vital interests must be clearly stated with the requisite proof required to support an invasion of constitutional freedoms.

Blanch v. Chubb & Sons, Inc.

124 F. Supp. 3d 622 · District Court, D. Maryland · Aug 28, 2015

Schs., 666 F.3d 244 , 254 n. 10 (4th Cir.2012) (reaffirming this rule in the context of the -Court of Appeals’ discussion of Maryland sovereign immunity). … Although a poorly written letter might sometimes qualify as a request for information, see, e.g., Boone v.

Nichols v. Bumgarner

District Court, D. Maryland · Apr 1, 2024

Finally, Officer Nichols argues he is entitled to qualified immunity. Id. at 5–6. … He further states he does not believe Officer Bumgarner is entitled to qualified immunity. Id. at 1.

Long v. Pendrick Capital Partners II, LLC

374 F. Supp. 3d 515 · District Court, D. Maryland · Mar 18, 2019

"Congress clearly intended furnishers to review reports not only for inaccuracies in the information reported but also for omissions that render the reported information misleading. … Thus, as a threshold matter, the Court must decide whether the undisputed facts establish that Defendant Pendrick qualifies as a debt collector under the FDCPA.

United States v. McGirr

320 F. Supp. 1333 · District Court, D. Maryland · Jan 13, 1971

Robertson, a qualified member of our psychiatric staff, recently examined Mr. McGirr and the following determinations have been made. … The evidence in this case clearly establishes that rather than a flat affect, defendant's affect was quite normal.

Dunbar

District Court, D. Maryland · Feb 10, 2026

Qualified Immunity . Defendant argues that she is entitled to qualified immunity. … Defendant Lakanse’s qualified immunity defense is unavailing at this stage of the litigation, because Plaintiff has alleged facts suggesting that the constitutional right was well-established at the time of the incident

Littell v. Hickle

314 F. Supp. 1176 · District Court, D. Maryland · Jul 8, 1970

“Under the established rule the writ of mandamus cannot be made to serve the purpose of an ordinary suit. … This is clearly subject to the same infirmities as the original complaint and leave to file the amended complaint is hereby denied.

Schoen v. Sulton

297 F. Supp. 538 · District Court, D. Maryland · Mar 14, 1969

Second, no fed *541 eral law confers immunity from state prosecution on such charges.” 384 U. S. at 826, 86 S.Ct. at 1811. … Such a result, aside from the immense administrative problems it *542 would pose, would sound the destruction of the independent state judiciary system and would establish a federal judiciary that was never intended by the