Case law

Ademiluyi v. Albright

District Court, D. Maryland · Mar 10, 2025

Lastly, the doctrine of sovereign immunity applies to officials sued in their individual capacity and the doctrine of qualified immunity also protects government officials from liability when their “conduct does not violate … clearly established statutory or constitutional rights within the knowledge of a reasonable person.”

Rico v. Green

District Court, D. Maryland · Mar 30, 2021

In ruling on a defense of qualified immunity, a court must (1) identify “the specific right allegedly violated”; (2) determine “whether at the time of the alleged violation the right was clearly established”; and (3) if … established law, it may be that the qualified immunity question cannot be resolved without discovery.”

Nation. Bd. Certif. Occup. v. Amer. Occup. Therapy

24 F. Supp. 2d 494 · District Court, D. Maryland · Sep 30, 1998

Consequently, AOTA's attempt to freeze the definition of "duly qualified" is misguided. … This action, however, is immune from antitrust liability, pursuant to Eastern R.R. Presidents Conference v.

Attorney Grievance Commission v. Fezell

361 Md. 234 · Court of Appeals of Maryland · Oct 13, 2000

He concluded that the letters received by Respondent qualified as “lawful demands.” We agree and deny Respondent’s Motion to Dismiss. … Judge Tisdale’s conclusion of law that Bar Counsel’s letters to Respondent qualified as lawful demands pursuant to Maryland Rule 8.1 was not clearly erroneous.

Mundey v. Erie Insurance Group

167 Md. App. 444 · Court of Special Appeals of Maryland · Mar 1, 2006

The undisputed evidence before the circuit court clearly established that appellant failed to meet either definition of “resident” because he did not physically live in his parents home, and did not attend college. … The policy clearly provides that in order to qualify for uninsured or underinsured motorist coverage, persons other than the named insured must be relatives of the named insured and must physically live in the named insured

Giove v. Weinberger

380 F. Supp. 364 · District Court, D. Maryland · Jul 29, 1974

“Part B,” referred to in § 1395ff, is the designation for that section of the Medicare Act establishing the broad general framework of eligibility for and operation of a program of supplemental medical insurance for qualified … Since the United States has sovereign immunity, the maxim that “every wrong has its remedy” is inapplicable.

Gaver v. Harrant

316 Md. 17 · Court of Appeals of Maryland · May 4, 1989

’s immunity should be abrogated solely in contract actions. … Injury to a parent by the tortious act of a third party clearly is an interference with that stability and harmony.

Milburn v. Milburn

142 Md. App. 518 · Court of Special Appeals of Maryland · Feb 4, 2002

In deciding that the order of the trial court clearly satisfied the second element, we concluded that in the event a litigant was entitled to immunity, the right may exist to forego trial. … In denying the proposed stipulated dismissal, the trial court was clearly concerned about the best interests of the minor children.

State of Maryland v. Wirtz

269 F. Supp. 826 · District Court, D. Maryland · Jun 13, 1967

Leaving aside for the moment the question of state sovereignty, I conclude that these activities are clearly within the power of Congress to regulate commerce. … “All I want to do is to establish equity in application of the bill. Let me tell why. I believe I can best explain it by giving an example.

Nicholson v. Jaecksch

679 F. Supp. 518 · District Court, D. Maryland · Oct 30, 1987

Because the essence of plaintiffs argument is so clearly contrary to established precedent, the Court will discuss these issues first. … The Supreme Court has held that “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Cahill v. Mayor of Baltimore

93 Md. 233 · Court of Appeals of Maryland · Mar 14, 1901

to have qualified him to speak as an expert. … The jurors were as well qualified to judge of that as an experienced builder of drains, as it required no special skill or knowledge to do so.

Archbishop of Washington v. Doe

Court of Appeals of Maryland · Feb 3, 2025

The General Assembly then changed that limitations period to the later of 20 years after the victim reaches the age of majority or three years after the date the defendant is convicted of a qualifying crime. … Majority Opinion at 34-38. 4 Then, despite the fact that the Anderson case had clearly stated that “a statute of repose provide[s] an absolute bar to an action or … a grant of immunity to a class of potential defendants

Laflin & Rand Powder Co. v. Sinsheimer

48 Md. 411 · Court of Appeals of Maryland · Mar 26, 1878

To this, however, it may he replied, that it was in the power of the appellant, as payee, to. insist upon an absolute and unqualified acceptance, and upon the refusal of the appellee so to accept, or upon a qualified or conditional … The evidence therefore offered in this case being admissible, if it established the fact that the bill was drawn for materials furnished the Lancaster Furnace and Mining Co., and the appellee was authorized, and did in fact

View Point Medical Systems, LLC v. Athena Health, Inc.

9 F. Supp. 3d 588 · District Court, D. Maryland · Mar 28, 2014

In sum, the text of the Agreements establishes the process by which a contact becomes a Qualified Lead. … Although the Agreements do not clearly establish as much, plaintiff's argument in its Opposition is based on that premise. Opp. at 7-8 & n. 4.

Farmville Insurance & Banking Co. v. Butler ex rel. Hoffman

55 Md. 233 · Court of Appeals of Maryland · Jan 14, 1881

The effect of this testimony is not qualified hy anything falling from these witnesses, and they are the only persons cognizant of the facts. … Thé attempt to establish a usage in contradiction of this fourth provision, is contrary to the best considered *240 authorities.

Sutton v. Director Gail Watts

District Court, D. Maryland · Feb 17, 2023

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally . . . are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established … at issue was ‘clearly established’ at the time of [the] alleged misconduct.”

Anglin v. State

28 Md. App. 150 · Court of Special Appeals of Maryland · Sep 9, 1975

It would be difficult to conceive of a situation more clearly illustrating the need for cross-examination.” … That the witness had recommended giving complete immunity to Billingsley; d. That the witness thought that such attitude toward immunity to Billingsley formed part of his duty as a detective.

National Metal & Steel Corp. v. Reich

858 F. Supp. 62 · District Court, D. Maryland · May 24, 1994

. §§ 901 , et seq., (the “LHWCA” or “Act”) establishes a detailed and comprehensive workers’ compensation scheme for maritime employees. … the careful scheme of workers’ compensation for maritime employees that Congress established in the LHWCA.

Brawner v. Supervisors of Elections

141 Md. 586 · Court of Appeals of Maryland · Jul 18, 1922

Finally it provides that it shall be, at the general election in 1922, submitted to the qualified voters of the State for {heir approval or rejection. … The state of the law in regard to the first proposition is clearly stated by Mr.

Commissioner of Financial Regulation v. Brown, Brown, & Brown, P.C.

449 Md. 345 · Court of Appeals of Maryland · Aug 19, 2016

The enumerated services that qualify a person as a “credit services business” are: “(i) Improving a consumer's credit record, history, or rating or establishing a new credit file or record; (ii) Obtaining an … Brown established that they qualified for the attorney exemption. There was substantial evidence to support the ALJ’s finding and the Commissioner’s conclusion: the attorney exemption does not apply to BB&B or Mr.