Case law

Peroutka v. Streng

116 Md. App. 301 · Court of Special Appeals of Maryland · Jun 30, 1997

Court immunized all expressions of opinion about individuals in the public official-public figure classification. … Of the four fact patterns provided by the Restatement, Milkovich clearly fits into number four, the one in which no facts are disclosed.

Remsburg v. Montgomery

376 Md. 568 · Court of Appeals of Maryland · Aug 27, 2003

She further maintained that even if the emergency operator typically was protected by a qualified immunity, a “special relationship” existed between Ms. … Initially, we determined that emergency assistance operators enjoy a qualified immunity under the public duty doctrine and, absent a “special relationship” with a caller, held that no such special relationship was established

Pace v. State

195 Md. App. 32 · Court of Special Appeals of Maryland · Sep 29, 2010

The appellants further argued that “the extensive federal and state statutory and regulatory regime governing the administration of school lunch programs here, clearly establishes the State’s special duty or relationship … Further, the State asserts the doctrine of sovereign immunity.

Philadelphia, Baltimore & Washington Railroad v. Mayor of Baltimore

121 Md. 504 · Court of Appeals of Maryland · Jun 26, 1913

There is nothing in the Act relating to the Fallsway to qualify or restrict the Charter power of the city or of the Commissioners for Opening Streets as a duly constituted municipal agency, to assess property benefited by … The assessments in this case have, therefore, been made under an authority which the Commissioners clearly possessed and were required to exercise, and upon the principle applied in the Lauer case we can have no hesitation

Jones v. Twitter, Inc.

District Court, D. Maryland · Oct 23, 2020

Plaintiff also filed a series of procedural motions, including a Motion to Allow Limited Jurisdictional Discovery (ECF No. 2), a Motion to Qualify or Establish Alternate Service of Process due to Evasion by a Publicly Traded … Corporation and Third Failed Return (ECF No. 8), and a Motion to Qualify or Establish Alternate Service of Process Due to Evasion by a Public Traded Corporation and Request for Hearing (ECF No. 10).

Yang v. Lee

163 F. Supp. 2d 554 · District Court, D. Maryland · Aug 24, 2001

To achieve its purposes, the privilege is established as absolute. See id. at 370. … Lee, consequently, is immunized in the present case.

Smallwood v. Hatton

4 Md. Ch. 95 · High Court of Chancery of Maryland · Sep 15, 1853

Hook, 1 Gill & Johns., 271, was far more precise and specific, and yet the Court of Appeals refused to entertain an appeal from it, saying, that however clearly the Chancellor may have *101 intimated Ms opinion, or declared … The ground on which he applies for relief, is of a totally different character, and as has already been shown, he has failed in establishing it. The injunction will, therefore, be dissolved, and the bill dismissed.

Canty v. Corcoran

District Court, D. Maryland · Dec 7, 2023

Second, under the doctrine of qualified immunity, public officials who engage in unconstitutional conduct “may nevertheless be shielded from liability for civil damages if their actions did not violate clearly established … “The burden of establishing a qualified immunity defense rests on the official asserting the defense.” Wingate v.

Nichols v. Bumgarner

District Court, D. Maryland · Nov 26, 2024

Finally, Officer Bumgarner argues he is entitled to qualified immunity. Id. at 5–6. … He further states he does not believe Officer Bumgarner is entitled to qualified immunity. Id. at 1.

Eller v. Bolton

168 Md. App. 96 · Court of Special Appeals of Maryland · Mar 31, 2006

Equity Act of 1984, or any other subsequent legislation; and both parties and the manager of [Husband’s] retirement plan shall take whatever actions may be necessary to establish or maintain these qualifications, provided … On appeal, this Court initially determined that the circuit court’s modifications to the QDRO were clearly revisions as opposed to clarifications.

White v. City of Annapolis

District Court, D. Maryland · Feb 3, 2020

clearly established statutory or constitutional rights of which a reasonable person would have known.” … (2) that the right infringed upon was not clearly established at the time of the alleged violation.

Kriel v. Cullison

165 Md. 402 · Court of Appeals of Maryland · Nov 5, 1933

But the court said: “If we look to the written agreement alone, there is clearly no ground for any deduction. … But they do establish the principle that the words “more or less,” when used to qualify a representation of quantity in a contract to convey land, will be construed, whether found in an executed or an executory contract,

Whittemore v. State

151 Md. 309 · Court of Appeals of Maryland · Jul 8, 1926

We do not understand the appellant here to deny the propriety of the court’s examining jurymen; that is clearly settled by the ease cited, Handy v. … It seems to us that these authorities must be taken to settle the question, if it is not settled by the long established practice in Baltimore City.

In Re Mueller

256 B.R. 445 · United States Bankruptcy Court, D. Maryland · Nov 7, 2000

In that case, the Bankruptcy Appellate Panel of the Ninth Circuit noted that in Patterson the debtor controlled ninety-six percent of the voting stock of the corporation that had established the ERISA qualified plan and, … Retirement Act of 1935 or 1937 applies and which is financed by contributions required under that Act and any plan of an international organization which is exempt from taxation by reason of the International Organizations Immunities

Jackson v. Clark

564 F. Supp. 2d 483 · District Court, D. Maryland · Jul 10, 2008

The district court denied defendants’ motion to dismiss the due process claim on qualified immunity grounds and upon defendants’ interlocutory appeal, the Fourth Circuit affirmed the denial of the motion to dismiss. … The court concluded that certain statutory provisions relating to the reporting of criminal activity produce “a clearly definable public policy goal” whereby “the Legislature sought to protect those witnesses who report suspected

Advin Electric, Inc. v. Reliance Surety Co.

41 Cont. Cas. Fed. 76,990 · Court of Special Appeals of Maryland · Sep 25, 1996

whether the case should be extended beyond its precise holding, i.e., whether a project not owned by the Government can be considered a “public building or public work of the United States” in the absence of a similar statute clearly … On the other hand, it is clear and well established that, where the Government is neither the owner nor a contracting party, the project is not subject to the Miller Act merely because it is financed with Federal funds.

Tyson Farms v. Uninsured Emp. Fund.

471 Md. 386 · Court of Appeals of Maryland · Nov 20, 2020

As to whether Whitehead was Safway’s employee, this Court determined that “the control exercised by Safway over Whitehead clearly establishe[d] an employer/employee relationship.” Id. at 79, 497 A.2d at 809. … That clearly is not the case here.

Orenge v. Veneman

218 F. Supp. 2d 758 · District Court, D. Maryland · Sep 10, 2002

Plaintiff can clearly satisfy the first two elements of the prima facie case. Plaintiff can also satisfy the third element because she, undisputedly, made the "best qualified list" for consideration for promotion. … Because Plaintiff never ultimately demonstrates that she was more qualified for the promotion than Rothenheber, she fails to establish pretext.

Nelson v. State

187 Md. App. 1 · Court of Special Appeals of Maryland · Jul 7, 2009

To that end, Article 27, § 286 established “benchmarks” for ' the imposition of enhanced penalties. Taylor, 175 Md.App. at 168 , 926 A.2d 805 . It provided, in part: (a) Prohibited conduct. … Nor may we read a meaning into the statute that is not expressly stated or clearly implied, so as to expand its meaning.

State v. McNay

100 Md. 622 · Court of Appeals of Maryland · Mar 5, 1905

selection of jurors had ever been considered as a judicial function which could not be delegated to executive officers spe *627 dally designated for that purpose, the existence of so many statutes in the'differerit States, establishing … To ipeet these exacting requirements so clearly-stated by Mr.