Case law

Scardelletti v. Bobo

897 F. Supp. 913 · District Court, D. Maryland · Aug 21, 1995

Un *918 der these authorities, the former trustees are immune from liability to the extent they simply were voting to amend the plan. … The Employer shall have the right at any time and from time to time: (a) To amend this Agreement in any manner it deems necessary or advisable in order to qualify (or maintain qualification of) this Plan and the Trust created

Gittings v. Crawford

10 F. Cas. 447 · U.S. Circuit Court for the District of Maryland · Apr 15, 1838

And this latter construction is now the established law of the country. … A consul is not entitled, by the laws of nations, to the immunities and privileges of an ambassador or public minister.

Gardner v. State

41 Md. App. 187 · Court of Special Appeals of Maryland · Jan 12, 1979

The conviction of a single conspirator in a conspiracy case where all co-conspirators were: 1) granted immunity, Hurwitz v. State, 200 Md. 578 (1952); 2) enjoyed diplomatic immunity, Farnsworth v. … Our review of the record finds that the trial judge was amply justified in finding that the evidence “clearly established that Mr. Gardner did, in fact, unlawfully solicit and incite Mr. McDonald to murder Mr.

Blocher v. Harlow

268 Md. 571 · Court of Appeals of Maryland · May 11, 1973

Blocher qualified as administrator or executor of the Schrott estate on *574 September 9, 1966. … This right would mature as soon as that personal representative did qualify. Miss Harlow possessed the tools under Code (1957, 1964 Repl. Vol.)

Williams & Fulwood v. Director, Patuxent Institution

276 Md. 272 · Court of Appeals of Maryland · Nov 7, 1975

The second “prong” of the test is clearly met here, as an adjudication of “defective delinquency” results in an indefinite sentence to the Patuxent Institution. … Viewed in this light, McNeil would clearly require that petitioners be granted their freedom.

Lasater v. Guttmann

194 Md. App. 431 · Court of Special Appeals of Maryland · Sep 13, 2010

Accordingly, the question whether Maryland recognizes marital torts is independent of the issue of interspousal immunity To be sure, because interspousal immunity existed throughout Maryland’s legal history, until the last … This Court affirmed the ruling of the circuit court on the ground that the non-clearly erroneous factual findings established that the husband long had occupied a position of dominion and control over the wife in financial

General Motors Corp. v. Piskor

281 Md. 627 · Court of Appeals of Maryland · Dec 23, 1977

They merely replied that they wanted to establish his identity. … Hence, since no actual malice had been established, appellee could not, as a matter of law, recover such damages.

Coffey v. Derby Steel Co.

291 Md. 241 · Court of Appeals of Maryland · Oct 13, 1981

Coffey is bound by the testimony adduced by him at trial, which clearly establishes that the work here was a part of the "trade, business or occupation” of Derby, such testimony having been neither rebutted, contradicted, … What we expected of the testing agency was that they would establish a level of quality of workmanship so that welders were qualified, that welders have a very definite procedure, which they go through to be qualified as

Coster v. The State of Maryland

District Court, D. Maryland · Nov 30, 2021

Qualified immunity analysis requires courts to conduct a two-step inquiry, asking, in either order: “(1) whether a constitutional violation occurred; and (2) whether the right was clearly established at the time of … Kennedy, 349 F.3d 731, 745 (4th Cir. 2003) (finding that officers “violated clearly established law,” and thus were not entitled qualified immunity, where the officers “lifted [plaintiff] up by his arms while they were

Torcaso v. Watkins, Clerk

223 Md. 49 · Court of Appeals of Maryland · Jun 30, 1960

States and a resident of Montgomery County for more than two years past, had been duly appointed by the Governor a notary public in and for that County, but when he went to the Clerk’s office to obtain his commission and qualify … Clearly, the Legislature was empowered to prescribe additional oaths of office, but there is no suggestion that the Legislature could dispense with the oath of support and fidelity, or the declaration of belief.

Prince George's County v. Blumberg

288 Md. 275 · Court of Appeals of Maryland · Sep 19, 1980

ordered, on January 30, 1979, that the county and WSSC reissue the revoked permits; awarded $3,673,919 in compensatory damages against the county; dismissed the damage action against the WSSC on the ground of sovereign immunity … this Court, the petitioners, as well as the respondents as cross-petitioners, raised numerous issues (nine in all) regarding the decision below, including, among others, whether Prince George’s County and the WSSC have immunity

Annappareddy v. Arnold

District Court, D. Maryland · Mar 16, 2023

All other actions are entitled only to qualified immunity. Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993). … by qualified immunity.”

Pinsky v. Pikesville Recreation Council

214 Md. App. 550 · Court of Special Appeals of Maryland · Oct 30, 2013

If an officer clearly disapproves of the contract, liability will not attach. For example, in Will v. … However, the General Assembly, in piecemeal fashion, has enacted a number of immunity provisions that could protect members of unincorporated associations established for specific purposes. See n. 43, infra. .

Norman v. Borison

418 Md. 630 · Court of Appeals of Maryland · Apr 22, 2011

We noted the distinction that “absolute immunity extends ... … We cast no light here on the law of conditional or qualified privilege.

Wilson v. State

124 Md. App. 543 · Court of Special Appeals of Maryland · Jan 27, 1999

Although the trooper was qualified to administer the HGN test and, to that extent, was properly received as an expert, HGN testing may not be used to establish a specific blood alcohol level. … As we mentioned earlier, the State never propounded any questions to the trooper to establish that he was qualified to ascertain a specific blood alcohol level based on HGN testing.

STATE ADMINISTRATIVE BOARD OF ELECTION LAWS v. Billhimer

72 Md. App. 578 · Court of Special Appeals of Maryland · Oct 9, 1987

Approximately five months later, January 15,1972, he took an examination for the position of “Chief Clerk,” a job that would *581 qualify him for State merit system status. 3 Billhimer received a “qualifying” rating as a … The memorandum was written eight years before the establishment of the position of Deputy State Election Administrator.

Fox Fur Co. v. Fox Fur Co.

59 F. Supp. 12 · District Court, D. Maryland · Dec 29, 1944

The first of these chain stores was established in Washington under the name “Fox Fur Co., Inc.”. … Clearly, no immunity as respects the charge of unfair competition flows from the mere fact that defendant has been granted a cer *17 tificate of incorporation bearing its present name. See The Peck Brothers & Co. v.

Lane v. State

348 Md. 272 · Court of Appeals of Maryland · Dec 15, 1997

That issue was clearly not raised in or considered by the circuit court, although it was implicitly decided in the entry of the conviction. … The marital “exemption” has been clearly *294 abrogated with respect to that conduct, and with that abrogation, the entire foundation for any supposed immunity against prosecution for the separate crime of attempt disappeared

In Re Application of RGS

312 Md. 626 · Court of Appeals of Maryland · Jun 6, 1988

The supervised aspect of this applicant’s employment comports with the policies established in Bar Admission Rules 18, 19, and 20. … The rule establishes three categories of activity that may be used to qualify for admission without full examination; one is service “as a judge of a court of record”; another is "full-time teaching] of law” at an ABA approved

Maryland Attorney General Opinion 99OAG208

Maryland Attorney General Reports · Dec 5, 2014

SafeLink clearly satisfies the second and third criteria; it provides voice service to the public in the same way as other cellphone plans. … Here, however, the plain language of PS § 1-313 does not clearly provide that the fee applies in the first place. We 222 [99 Op.