Case law

Carlin v. Western Assurance Co. of Toronto, Canada

57 Md. 515 · Court of Appeals of Maryland · Feb 3, 1882

We think, therefore, that plaintiff's flour mill, driven as it was by steam, and furnished with a middling purifier, bran-duster, belting and other machinery, was clearly a “ manufacturing ’ establishment. ” *527 In this … The defendant’s construction of this condition is, that the use of any kind of material for illumination, but those enumerated in the qualifying or excepting clause recited, is a violation of the policy.

Coley v. Secretary of the Army

689 F. Supp. 519 · District Court, D. Maryland · Oct 1, 1987

and for which he was qualified. … Unlike Dancy and Carter , this case involves a clearly articulated and established policy of reassigning handicapped persons.

Ridgely v. Montgomery County

164 Md. App. 214 · Court of Special Appeals of Maryland · Sep 15, 2005

Von Feldt's actions were "clearly discriminatory.” 8 . … matter of law, established that he had a disability). 15 .

Wallace v. Patterson

District Court, D. Maryland · Mar 30, 2020

Qualified Immunity The defendants argue that they are entitled to qualified immunity on all claims against them. … Pursuant to the doctrine of qualified immunity, even if a public official engages in unconstitutional conduct, he “may nevertheless be shielded from liability for civil damages if [his] actions did not violate clearly established

CX Reinsurance v. Johnson

481 Md. 472 · Court of Appeals of Maryland · Aug 29, 2022

from suit to owners of “affected properties” who made “qualified offers” of up to $17,000 to persons “at risk” of ingesting lead at the properties. … In that case, we held that the immunity provisions in the Reduction of Lead Risk in Housing Act violated Article 19 of the Maryland Declaration of Rights. Id. at 382-83.

Prince George's County v. Morales

230 Md. App. 699 · Court of Special Appeals of Maryland · Nov 30, 2016

As such, the Deputies were acting as law enforcement officers and were potentially entitled to qualified immunity while so acting. Id. at 420 n.6 (internal citation omitted). … Clearly, the County neither authorized nor derived any benefit from Richardson’s actions.

Maryland Attorney General Opinion 96 OAG 061

Maryland Attorney General Reports · Aug 22, 2011

With particular application to stormwater programs, in Section 313 of the federal Clean Water Act, Congress has waived sovereign immunity and accepted liability as to all reasonable stormwater program service charges assessed … Such an entity must satisfy specific requirements to qualify for each type of State tax exemption.

Armwood v. Pepersack

244 F. Supp. 469 · District Court, D. Maryland · Jul 22, 1965

privileges and immunities and the State failed to establish that such consent or waiver was free and voluntary and not the result of duress or coercion, actual or implied. 3. … Judge Bryan in his dissent stated that the evidence clearly established a consent to the search.

Mills v. Roderick

District Court, D. Maryland · Aug 5, 2024

entitled to qualified immunity; (4) Mills failed to a administrative remedies; (5) Mills has failed to state a claim; and (6) all Defendants are ve to summary judgment? … The Court also does not address Defendants’ argument that they are mye to qualified immunity. .

Bannerman

District Court, D. Maryland · Jan 7, 2026

immunity. … At this juncture, such factual disputes preclude the application of qualified immunity. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-252 (1986).

Scott v. State

454 Md. 146 · Court of Appeals of Maryland · Jul 10, 2017

A jury found that the State had established four qualifying prior convictions, and imposed an enhanced sentence. See id. … Under the doctrine of stare decisis, an appellate court may overrule a case that either was “clearly wrong and contrary to established principles” or “has been superseded by significant changes in the law or facts.”

Harris v. Stefanowicz Corp.

26 Md. App. 213 · Court of Special Appeals of Maryland · May 8, 1975

The omitted language included a phrase more clearly conveying the procedural safeguard to be followed when it appeared to the chancellor that there was a question of law that it would be convenient to decide. “ . . . the … reach the issue as raised, we cannot help but wonder why the chancellor felt he did not have “jurisdiction” to order the return of the down payment in light of his finding: “Now, it’s quite obvious that the Court’s ruling establishes

Schwan Food Co. v. Frederick

241 Md. App. 628 · Court of Special Appeals of Maryland · Jun 27, 2019

Workers’ Compensation > In the Course of Employment > Employee’s Home as a Work Site in General Whether an employee’s home qualifies as a work site under Maryland workers’ compensation law is established by three indicia … In sum, we hold that whether an employee’s home qualifies as a work site under Maryland workers’ compensation law is established by three indicia: (1) the quantity and regularity of work performed at home; (2) the presence

Walker v. D'ALESANDRO

212 Md. 163 · Court of Appeals of Maryland · Feb 1, 1957

(As regards legislative matters, it is usually established under a constitutional provision.) As to executive officers, see Spalding v. Vilas, 161 U. S. 483 (U. S. Postmaster General) and Matson v. … “Fair comment” is often spoken of (perhaps not entirely accurately) as a matter of qualified privilege, and a qualified privilege cannot be raised on demurrer. See Powell v.

Kim v. Bd. of Liquor Lic. Comm'rs

Court of Special Appeals of Maryland · Jun 29, 2022

Notably, the provision concerning immunity for investment company directors originated as its own separate bill: House Bill 356. Id. at 311. … Specifically, the Court noted that there was “clearly no direct, horizontal connection or interdependence between them.” Id. at 375-76.

Ottenberg v. Ryan & Riley Co.

130 Md. 38 · Court of Appeals of Maryland · Jan 11, 1917

asked in the eighteenth exception can scarcely be said to be one for an expert, even if the witness had been held to be qualified. … It was clearly evidence in chief and was in the discretion of the trial Court, whether it should be admitted at the time.

Mazer v. State

212 Md. 60 · Court of Appeals of Maryland · Jan 8, 1957

The size of the specimen is clearly not controlling. Cf. Peachie v. State, 203 Md. 239 . The State showed that Mr. … The appellant’s counsel in his first inquiry clearly differentiated between the fibers and the green substance that the chemist identified.

Podberesky v. Kirwan

764 F. Supp. 364 · District Court, D. Maryland · May 15, 1991

The causation element is also clearly satisfied in this case. … However, assuming that § 1981 covers scholarship benefits (and assuming that § 1981 extends to states) 3 , Podberesky has failed to establish that defendants have waived their Eleventh Amendment immunity.

Wallace v. State

63 Md. App. 399 · Court of Special Appeals of Maryland · May 23, 1985

His objection was clearly premature, since the State only asked if Mrs. Wallace knew if her son had a license. Curiously, after Mrs. … Furthermore, an owner of goods is presump *411 tively qualified to testify to the value of his goods, Mercer, Cofflin.

ATTORNEY GRIEVANCE COM'N OF MARYLAND v. Tolar

357 Md. 569 · Court of Appeals of Maryland · Feb 10, 2000

Following a hearing, the hearing court, as required, filed Findings of Fact, as follows: “FINDINGS OF FACT “Based upon the testimony and exhibits 1 produced at the hearing, the Court finds the following to be established … Clearly Mrs. Hallowell was, and perhaps still is, confused as to her responsibility for attorney’s fees relating to any additional work related to the retirement plans. Mrs.