Case law

Rotwein v. Bogart

227 Md. 434 · Court of Appeals of Maryland · Jan 25, 1962

Pustilnik could qualify as an expert in the lumber business but not in the flooring trade. … However, the lower court’s ruling may be reversed if clearly erroneous or an abuse of judicial discretion. Turner v.

Malkani v. Clark Consulting, Inc.

727 F. Supp. 2d 444 · District Court, D. Maryland · Jul 30, 2010

Both sovereign immunity and standing lie at the heart of federal subject matter jurisdiction. Falwell, 198 F.Supp.2d at 771. “Whether [a] plaintiff has standing to sue is a threshold jurisdictional question.” … As Plaintiffs note, it is inappropriate to consider an affir *452 mative defense such as the statute of limitations question on a motion to dismiss unless "all facts necessary to [rule on] the affirmative defense ‘clearly

Taylor v. Mayor of Baltimore

130 Md. 133 · Court of Appeals of Maryland · Jan 11, 1917

to time, and as often as deemed proper, without incurring liability by the municipality to the abutting owner of property for the mere consequential damages that may be suffered by reason of the changed conditions, was clearly … We fully realize the importance,—the necessity—of a sewerage system for the City of Baltimore, and it should not be held responsible in any case unless it is clearly shown that the party suing is entitled to recover.

McReady v. Montgomery Community College

District Court, D. Maryland · Sep 30, 2020

Qualified immunity protects government officials performing discretionary functions from liability damages to the extent that “their conduct does not violate clearly established statutory or constitutional rights of which … Here, if the free speech rights Defendants allegedly violated were not clearly established at the time their challenged actions were taken, they are entitled to qualified immunity.

Comptroller of Treasury v. Aerial Products, Inc.

210 Md. 627 · Court of Appeals of Maryland · Aug 27, 1956

In early cases the Supreme Court of the United States gave a rather broad scope of immunity. This immunity has recently been narrowed. Helvering v. Mountain Producers Corp., 303 U. S. 376 , 82 L. Ed. 907 ; Graves v. … the production unit, and, therefore, that it was the intent of the parties that Aerial should acquire the property for use, which clearly demonstrates a purpose other than resale.

Thomas v. State

2 Md. App. 502 · Court of Special Appeals of Maryland · Dec 5, 1967

We find no such abuse here. 1 Appellant next contends that the evidence was insufficient to establish that he was either a principal or accessory to the crime. … As heretofore indicated, the evidence clearly showed that appellant and Matto rented a car in Salisbury, returned in it to Cambridge, and drove to the robbery scene.

Pue v. Pue

4 Md. Ch. 386 · High Court of Chancery of Maryland · Sep 15, 1848

denials of the answer in regard to the use of this road as a matter of right, and its assertion that its enjoyment was the result of the leave or favor of this defendant, granted to those under whom the plaintiff claims, is clearly … with the presumption of a grant which the complainant seeks to establish; and if the case rested upon their evidence alone, I do not very well see how the presumption could be resisted.

Dillingham v. State

9 Md. App. 669 · Court of Special Appeals of Maryland · Jul 15, 1970

It prescribes what is obscene and by so doing it establishes the community standard. … The material was not designed for and primarily disseminated to a clearly defined deviant sexual group but to the public at large.

Dancy v. Simms

116 F. Supp. 2d 652 · District Court, D. Maryland · Sep 15, 2000

Clearly, the professional judgments of Dancy’s health care providers and the emergency medication policies established by prison officials complied with the standard articulated in Charters . … Moreover, I need not consider the other defenses raised to § 1983 liability such as qualified immunity and the unavailability of respondeat superior.

Sweeney v. Savings First Mortgage, LLC

388 Md. 319 · Court of Appeals of Maryland · Aug 9, 2005

The state usury law in Michigan established a hard cap on interest rates at 7%. … Sweeney claims that the intent of the statute was to grant immunity to specific parties to qualified loans from specific types of state laws.

Public Service Commission v. Patuxent Valley Conservation League

300 Md. 200 · Court of Appeals of Maryland · Jul 12, 1984

Second, the issue is clearly important. … McClellan, supra, 697 F.2d at 316 : “[Pjart of the purpose of immunity, whether absolute or qualified, is to shield government officials from ‘the risks of trial—distraction of officials from their governmental duties, inhibition

Liddy v. Lamone

398 Md. 233 · Court of Appeals of Maryland · Mar 29, 2007

Whether the elements of laches have been established is one of fact, see, e.g., Schmidt v. … governs the standard of review for questions of fact, i.e. whether the elements of laches have been established.

Wyckoff v. Maryland

522 F. Supp. 2d 730 · District Court, D. Maryland · Oct 1, 2007

Analysis Defendants have moved to dismiss all claims, arguing that: (1) Wyckoff has not established sex discrimination under Title VII against MDSP or § 1983 against Rich; (2)Wyckoff has not alleged sufficient facts to establish … The Court cautioned that reporting discriminatory behavior does not “immunize [an] employee from those petty slights or minor annoyances that often take place at work.”

Arnold v. Prince George's County

270 Md. 285 · Court of Appeals of Maryland · Nov 9, 1973

The Arnolds produced evidence which established the location, size and their ownership of the subject property, as well as that the location of their residence is near the frontage on Allentown Road, and that the subject … provided that the making of a general plan by the Commission is for “the protection and promotion of the health, safety, morals, comfort, and welfare of the present and future inhabitants of the regional district,” thus clearly

Settles

District Court, D. Maryland · Dec 3, 2025

Qualified immunity shields a government official from civil damages in a § 1983 action if the official’s conduct does not violate clearly established law. Bland v. Roberts, 730 F.3d 368, 391 (4th Cir. 2013). … In determining whether an official is entitled to qualified immunity, a court must consider (1) whether the official violated the plaintiff’s constitutional right and (2) whether the right was clearly established at the

Ferguson v. Cappeau

6 H. & J. 394 · Court of Appeals of Maryland · Jun 15, 1824

to instruct the jury" that the appellee was not entitled to recover; the question, whether the goods xvere safely carried to Norfolk, and delivered to the appellee, or other person having authority to receive them, being clearly … It is an established general rule, that wheft the contract proved varies from that stated or described ih the declaration; the plaintiff must be nonsuited; .

Curtis v. Pracht

202 F. Supp. 2d 406 · District Court, D. Maryland · May 9, 2002

Plaintiffs bear the burden of demonstrating an unequivocal waiver of sovereign immunity, Williams v. … When a plaintiff has failed to establish a waiver of sovereign immunity, a federal court lacks jurisdiction to hear the case. Rich v. United States, 158 F.Supp.2d 619, 630 (D.Md.2001); Global Mail Ltd. v. U.S.

Vaughn v. Vaughn

146 Md. App. 264 · Court of Special Appeals of Maryland · Sep 5, 2002

When asked in oral argument in this Court the significance, if any, of the circuit court’s finding that the bonds are Jay’s property, Jay’s lawyer responded that the finding establishes that Jay is the owner of the bonds … The objective of the rule, to avoid conflicting and perhaps irreconcilable rulings in two cases addressing the same or overlapping issues, is relevant, however, and underlies another well-established holding of the Court

Montgomery Mutual Insurance v. Chesson

206 Md. App. 569 · Court of Special Appeals of Maryland · Aug 29, 2012

Shoemaker, HLA is inspected because it is a genetic measure that reviews immune response genes that “help turn down innate immunity following exposure .... ” When “HLA is working, ... innate immune re-signals get converted … This MSH hormone is important in the regulation of innate immune responses and therefore the deficiency results in abnormalities of the innate immune responses. 65.

Bank of America, N.A. (USA) v. Stine

252 B.R. 902 · District Court, D. Maryland · Sep 12, 2000

Section 15-601.1 provides an exemption for nonbankruptcy debtors for the purpose of providing them with a means of sustenance immune from the demands of creditors. … parties’ respective contentions on the question of whether a bankruptcy debtor should be able to claim a separate exemption for his 75% share of garnished wages (identifiable as such) at the time of his bankruptcy filing, clearly