Case law

Mitchell v. Rite Aid of Md.

Court of Special Appeals of Maryland · Mar 7, 2023

Under the framework established by Maryland decisional law, the Mitchells did not establish that Moseley’s attack was a reasonably foreseeable criminal act because (a) there was no history of violent criminal activity … Clearly, it would not have prevented Moseley from killing the worker who was standing outside the building. Finally, Mr.

Mitchell v. Rite Aid of Md.

Court of Special Appeals of Maryland · Mar 2, 2023

Under the framework established by Maryland decisional law, the Mitchells did not establish that Moseley’s attack was a reasonably foreseeable criminal act because (a) there was no history of violent criminal activity … Clearly, it would not have prevented Moseley from killing the worker who was standing outside the building. Finally, Mr.

Mazer v. State

231 Md. 40 · Court of Appeals of Maryland · Mar 4, 1963

Miss Standlee was granted immunity by the State. Mazer’s trial was one of a series of cases based upon indict *44 ments returned following a grand jury investigation of “The Block.” … The jury was amply apprised by the testimony of the activities of the State’s witness and of the fact that she had been granted immunity.

Mayor of Baltimore v. Norman

4 Md. 352 · Court of Appeals of Maryland · Dec 15, 1853

In the case in 11 Vermont Rep., 273, the right of the infant to sue, in assumpsit, for a legacy, was established, although there was a regular guardian in existence at the time. … From them clearly no legal inference could be drawn with reference to their market value.

Mejia v. State

90 Md. App. 31 · Court of Special Appeals of Maryland · Apr 28, 1992

The Absence of a Pattern Turning to the case at hand, we hold that Judge Hyatt was not clearly erroneous in remaining unpersuaded that a prima facie case of discrimination had been established and in not ordering, therefore … So do a significant percentage of 58 million Filipinos, who are clearly not Hispanic. If Imelda Marcos and Corazon Aquino do not qualify as Hispanics, neither their native language nor their surnames would prove it.

Germenko v. Public Service Commission

226 Md. 295 · Court of Appeals of Maryland · Aug 9, 1961

same operation which would have qualified the applicant under the prior law, had he applied in time. … This would indicate clearly that it was not created for the purpose of taking advantage of the “grandfather” rights provided by the 1954 act.

Ozah v. Fretwell

District Court, D. Maryland · Aug 28, 2019

The second inquiry is whether the right was “clearly established” at the time of the events at issue. /d. … If the right was not clearly established, the qualified immunity doctrine shields a defendant officer from liability.

Bozarth v. Maryland State Department of Education

District Court, D. Maryland · Mar 31, 2021

The two-part test asks: (1) whether the entity qualifies for sovereign immunity, and (2) if it does, whether the legislature waived the immunity. Id. (citing Stern, 846 A.2d at 1001). … “The similarity between comparators . . . must be clearly established in order to be meaningful.” Lightner v. City of Wilmington, N.C., 545 F.3d 260, 265 (4th Cir. 2008); Swaso, 698 F. App’x at 748.

Novak v. State

195 Md. 56 · Court of Appeals of Maryland · Apr 14, 1950

that this sentence shall not be construed as implying that in the absence thereof said Superintendent would be subject to suit or action of any kind whatsoever and * * * that nothing herein shall be construed to waive the immunity … not seem, on principle or from technical considerations' of property or possession, that the person ffom whom property is rightfully taken under a search warrant but wrongfully withheld should be required to prove moré to qualify

Hagez v. State

110 Md. App. 194 · Court of Special Appeals of Maryland · May 30, 1996

Hagez immunity from testifying, pursuant to Md.Code, Courts and Judicial Proceedings Art. … Rather, it appears to pertain to anyone who qualifies as a "spouse,” without regard to the motive for the marriage.

Hall v. State

225 Md. App. 72 · Court of Special Appeals of Maryland · Sep 30, 2015

Standard of Review It is well-established that “[t]rial judges are vested with broad discretion in sentencing.” Ridenour v. State, 142 Md. App. 1, 11 (2001). … Clearly appellant’s act of breaking and entering Ms. Goodenough’s home directly resulted in her front door and door frame being damaged.

Sheppard v. Aito

District Court, D. Maryland · Aug 18, 2021

Under the doctrine of qualified immunity, a state actor may be shielded from liability where his conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have … The Court concludes that on the current record viewed most favorably to Sheppard, qualified immunity does not bar the claims at this stage. First, the rights at issue are all well- defined and clearly established.

Crawford v. Cty. Cncl. of Prince George's Cty.

482 Md. 680 · Court of Appeals of Maryland · Feb 23, 2023

Breaking down this subsection into its component parts, the “facility” in question is the Property, and Amazon clearly qualifies as a “retailer.” … Marzullo contended that his snake breeding qualified as a farm use. Id. at 163.

Wright v. State

72 Md. App. 215 · Court of Special Appeals of Maryland · Jul 15, 1987

We are not persuaded that the trial court was clearly wrong. *219 3. … Clearly, the victim did not react to the incident as a person intimidated by the likelihood of great bodily harm.

Frey v. Comptroller of the Treasury

422 Md. 111 · Court of Appeals of Maryland · Sep 29, 2011

Hubbard, 305 Md. 774, 792 , 506 A.2d 625, 634 (1986) (‘application of the State Board of Education’s expertise would clearly be desirable before a court attempts to resolve the’ legal issues).” … T.G. § 10-106 establishes the county income tax rates and the processes through which those rates may be changed. 8 .

Adams v. Capron

21 Md. 186 · Court of Appeals of Maryland · Mar 2, 1864

The fact of due care and diligence on the part of Huth & Co. was thus clearly shown to be an essential element of the appellee’s case, and it cannot be doubted that the instruction as to their right of recovery was founded … The proposition of the prayer appears to be founded upon no defined or established rule of law applicable to that relationship of the parties.

State Ethics Commission v. Evans

382 Md. 370 · Court of Appeals of Maryland · Jul 30, 2004

The present case clearly is distinguishable from these cases. First, application of § 15-405(e) to Evans impairs no vested right. … Under the Majority’s view, the presumption against retroactivity successfully may be invoked whenever a statute or licensing scheme operates on past events in any way, ignoring the qualified definition and caveat of caution

In Re Yve S.

373 Md. 551 · Court of Appeals of Maryland · Mar 27, 2003

This presumption also is a well established principle of Maryland law. … Rose is not qualified to do that, as she was not qualified as a psychiatrist, psychologist, or licensed clinical social worker. The testimony was improper and should have *616 been stricken.

Glynn v. Edo Corp.

641 F. Supp. 2d 476 · District Court, D. Maryland · Jul 23, 2009

the person claiming immunity is in the jurisdiction.”); N. … This limited contact is clearly insufficient to demonstrate general jurisdiction.

Shannon v. Fusco

438 Md. 24 · Court of Appeals of Maryland · Apr 24, 2014

Trovato was qualified to opine about Dr. … As these cases clearly demonstrate, the package insert’s warnings are relevant evidence as to whether the treating physician’s conduct fell below the standard of care in prescribing or administering medication, an issue of