Case law

Lema v. Citibank (South Dakota), N.A.

935 F. Supp. 695 · District Court, D. Maryland · Aug 20, 1996

Instead, it grants both users of information and consumer reporting agencies “a qualified immunity from common law actions based on information which a consumer reporting agency was required by the [FCRA] to disclose. … This immunity ... is the quid pro quo for compulsory disclosure.” Freeman v. Southern National Bank, 531 F.Supp. 94, 96 (S.D.Tex.1982).

Day v. Patapsco & Back Rivers Railroad

504 F. Supp. 1301 · District Court, D. Maryland · Jan 15, 1981

To establish a prima facie case of discrimination under McDonnell Douglas, a plaintiff is required to show, inter alia, that he was qualified for the promotion for which the employer was seeking applicants. … The evidence in this case clearly establishes that the present Patapsco seniority system is identical, in all relevant respects, to the seniority syste ms which existed at the Railroad prior to adoption of Title VII.

Lerner v. Northwest Biotherapeutics

273 F. Supp. 3d 573 · District Court, D. Maryland · Mar 31, 2017

Dendritic cell immunotherapies work by using human dendritic cells 3 to activate the body’s immune response against cancerous tumors. … skin, and boosts immune responses by showing antigens on its surface to other cells of the immune system.

Thompson v. Opoku

District Court, D. Maryland · Feb 28, 2020

“Qualified immunity shields government officials who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Hunter v. … Indeed, the Fourth Circuit recently reiterated: “‘The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory

Hicks v. Ferreyra

District Court, D. Maryland · Jan 28, 2022

“A right need not be recognized by a court in a specific factual context before such right may be considered ‘clearly established’ for purposes of qualified immunity.” Wilson v. … Special Verdict 5-6, ECF No. 150.6 Officer Phillips has not carried his burden of establishing entitlement to qualified immunity under the circumstances of the second encounter.

Diven v. Souders

District Court, D. Maryland · Sep 15, 2022

Diven; (4) the evidence establishes Defendants were not deliberately indifferent to Diven’s medical needs; and (5) Defendants are entitled to qualified immunity. … Qualified Immunity Although Defendants generally assert qualified immunity, they provide only generic statements of the principles of qualified immunity and offer no substantive argument on this issue.

Free v. Travelers Insurance

551 F. Supp. 554 · District Court, D. Maryland · Nov 26, 1982

(4) To what extent will the treatment damage my immune defense system and thus prevent my body from fighting the cancer cells? … Plaintiff’s Position Plaintiff introduced no credible evidence establishing the efficacy óf laetrile.

Cunningham v. Lester

District Court, D. Maryland · Jan 22, 2020

Campbell-Ewald and Cunningham II also establish that federal contractors are not inevitably and unqualifiedly immune from TCPA liability. … Moreover, the text of the FMLA does not contain the well established system of immunities which § 1983 defendants can assert.” Id. See also, Buxton v.

Ross v. Community Services, Inc.

396 F. Supp. 278 · District Court, D. Maryland · May 16, 1975

Yet, as noted hereinafter, it is clearly established on this record that the project owners are entitled to the rent increases in full. … Parts of the statute place mandatory duties on HUD, but other parts quite clearly require HUD to exercise its discretion. The statute requires HUD first to establish an initial operating expense level for each project.

Burno-Whalen v. The State of Maryland

District Court, D. Maryland · Jul 23, 2019

Accordingly, summary judgment based on qualified immunity is not appropriate. … In addition, Defendant Okafor asserts that he is entitled to qualified immunity.

Williams v. United States

District Court, D. Maryland · Mar 24, 2025

Myers seeking dismissal of the complaint for failure to exhaust administrative remedies and on qualified immunity grounds (ECF No. 32). … immunity.

Mylan Laboratories, Inc. v. Akzo, N.V.

770 F. Supp. 1053 · District Court, D. Maryland · Aug 15, 1991

to the state action immunity established in Parker v. … State action immunity was established in Parker in recognition of the "role of sovereign States in a federal system.” Omni, 111 S.Ct. at 1349 .

United States v. One Unbound Volume of a Portfolio of 113 Prints Entitled "Die Erotik Der Antike in Kleinkunst Und Keramik"

128 F. Supp. 280 · District Court, D. Maryland · Feb 15, 1955

general literature and the arts— that ‘where the presentation, when viewed objectively, is sincere, and the erotic matter is not introduced to promote lust and does not furnish the dominant note of the publication’, the same immunity … Such a book is clearly within the rule of the Ulysses and Parmelee cases, and even of the Besig case.

Justice v. Commissioner of Social Security

District Court, D. Maryland · Jun 6, 2024

To establish entitlement to the extraordinary and drastic remedy of a temporary restraining order, Plaintiff must “clearly show” with “specific facts” that irreparable harm will result. See, e.g., Maxwell v. Hous. … But Plaintiff is unlikely to succeed on this claim because, absent a waiver of sovereign immunity, Defendants are immune from suit. See F.D.I.C. v.

Baltimore Scrap Corp. v. David J. Joseph Co.

81 F. Supp. 2d 602 · District Court, D. Maryland · Jan 6, 2000

Noerr-Pennington Immunity 1. Background The central premise of Noerr-Pennington 25 immunity is that those who petition government for redress are generally immune from antitrust liability. … Clearly, the standing and intervention issues were not merit-less questions of law to be summarily rejected. Thus, they were not “objectively baseless.”

Talley v. Farrell

156 F. Supp. 2d 534 · District Court, D. Maryland · Aug 1, 2001

The defendants argue that this count should be dismissed because they are entitled to qualified immunity. … Talley has not pled facts sufficient to establish that they acted with malice.

Maryland Ex Rel. Sachs v. Mid-Atlantic Toyota Distributors, Inc.

560 F. Supp. 760 · District Court, D. Maryland · Apr 4, 1983

Immunization of the pawn “just doing his job” does not imply immunization of the intentional orchestrator of a restraint. … Under the Court’s “qualified source rule,” such a theory of the case would clearly establish a vertical restriction.

The Falcon

19 F.2d 1009 · District Court, D. Maryland · Jun 6, 1927

Now it is well settled that the extraordinary immunity granted to the United States from the defense of limitations and laches shall not be lost, except by act of Congress clearly manifesting such purpose; and this prin- … Thus the immunity of the government against the defense of laches is preserved.

Marion v. United States

214 F. Supp. 320 · District Court, D. Maryland · Feb 28, 1963

A part of that fiscal problem is the question of reimbursement of the *323 United States for the losses it suffers as a result of the waiver of its sovereign immunity. … Most of the same policy considerations present in Gilman are implicit in the regulation sought to be established here, although perhaps in a different degree.

Doe v. Salisbury University

123 F. Supp. 3d 748 · District Court, D. Maryland · Aug 21, 2015

The Court finds that, as a threshold matter, SU Defendants did share a qualifying organizational relationship with shared goals. … To qualify as materially adverse, the challenged action must be more than mere “petty slights or minor annoyances.” Id.