Case law

Goldberger v. Goldberger

96 Md. App. 313 · Court of Special Appeals of Maryland · May 28, 1993

The Court of Appeals has recently reiterated that judges are impartial participants in the legal process, whose duty to preside when qualified is as strong as their duty to refrain from presiding when not qualified. … Recusal is a discretionary matter, and the judge’s decision denying recusal should not be overturned unless clearly wrong. Surratt v.

Ouellette v. Ouellette

246 Md. 604 · Court of Appeals of Maryland · May 5, 1967

Aside from vigorously contesting the grant of the divorce and the award of the children to the appellee, the appellant, claiming that the evidence firmly established that the parties had voluntarily lived separate and apart … We think that the chancellor was clearly right in granting the appellee a divorce on the ground of adultery, but that he may have been wrong in awarding custody of the children to the father on the premise that the mother

County Commissioners v. Board of Managers of the Maryland Hospital for the Insane

62 Md. 127 · Court of Appeals of Maryland · Apr 10, 1884

In reference only to their qualified control of the property, such as seeing to its preservation from trespass, or from falling into decay; providing for the compensation of necessary officials and employes ; furnishing supplies … give its sanction; we see no evidence of such expressed or clearly implied intent in the Act of 1876, ch. 101.

Rose v. Rose

236 Md. App. 117 · Court of Special Appeals of Maryland · Feb 1, 2018

Chreky had established a common residence and maintained a long- term intimate relationship. … First, he claims that some of the expenses Andrea submitted did not qualify as reimbursable expenses under the Agreement.

Lindsey v. Njoku

District Court, D. Maryland · Jun 7, 2023

Qualified Immunity Njoku and Harris raise the defense of qualified immunity. (Mot. at 5−7). … They generally provide the legal standard for the Court to determine if they are entitled to qualified immunity, but fail to apply the law to the facts of the case.

Pearson v. Simms

345 F. Supp. 2d 515 · District Court, D. Maryland · Dec 11, 2003

Additionally, the Court found that “[b]ecause Bounds did not create an abstract, freestanding right to a law library or legal assistance, an inmate cannot establish relevant actual injury simply by establishing that his prison … In light of this conclusion, it is not necessary to address defendants’ Qualified Immunity Defense.

Oak Lawn Cemetery v. County Commissioners

174 Md. 280 · Court of Appeals of Maryland · Apr 21, 1938

It is a gratuity extended to that class of taxpayers who qualify themselves to receive it, and it may be withdrawn by the State at any time, without violating the obligations of a contract. … The State has profited by the taxpayer’s delay in availing itself of the immunity, and no one has been led to change his position thereby.

University of Maryland v. Cleland

516 F. Supp. 448 · District Court, D. Maryland · Jun 2, 1981

The University is clearly entitled to payment for overseas courses provided to servicement. Similarly, the VA is obligated to issue benefit checks for course work undertaken by eligible servicemen. … The Supreme Court has established by the above-quoted language a two-pronged test to be applied in determining whether an action is moot.

Stannard v. Barnum

51 Md. 440 · Court of Appeals of Maryland · Jun 17, 1879

But in neither of those cases was it relied on as establishing any other doctrine than that before stated. … It would be a dangerous doctrine to establish, and one with *452 out precedent, that where the language of the will is plain, and the residuary clause, in terms, disposes of the whole estate, and there are no qualifying words

B & K Rentals & Sales Co. v. Universal Leaf Tobacco Co.

84 Md. App. 103 · Court of Special Appeals of Maryland · Aug 30, 1990

Stallings were offered as an “admission” of a party, the theory being that, as Grimes was an employee of appellee, any statements of his that qualify as an admission would be attributable to appellee. … Klasmeier’s opinion, there was clearly insufficient evidence to establish the origin or cause of the fire.

Blades v. Blades

194 Md. 505 · Court of Appeals of Maryland · Feb 10, 1950

Nevertheless, the fact is that the 900 pages of the appendices not only fail to convince us that the trial judge was clearly wrong, but indicates that he was clearly right. … But she had no reason to Consider him qualified to act as guardian of her bed *511 chamber. We cannot avoid drawing the only possible inference from such circumstances.

United States v. ARTICLE OF DRUG, ETC.

331 F. Supp. 912 · District Court, D. Maryland · Jan 14, 1971

. § 352 (e) (1) (A) (ii), in that the article is fabricated from two or more ingredients and the label fails to bear the established name of each active ingredient. … We cannot agree, however, with the conclusion that such immunity or skepticism somehow transfers to the promise to “lift out puffs” or give a “face lift without surgery.”

Borkowski v. Dever

District Court, D. Maryland · Sep 30, 2019

Qualified Immunity The County Defendants and the State’s Attorney Defendants argue that they are entitled to qualified immunity. … Qualified immunity is an affirmative defense to § 1983 claims that “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly

Stanislaus v. White

192 F. Supp. 2d 426 · District Court, D. Maryland · Mar 29, 2002

Jones established a schedule for Plaintiff to complete the rotations again. … Plaintiff may file its request again when the facts of this case are more clearly developed.

Halici v. City of Gaithersburg

180 Md. App. 238 · Court of Special Appeals of Maryland · May 30, 2008

. * Hí # % # (iv) Each local jurisdiction that creates a historic district commission ... under this subtitle shall establish and publicly adopt criteria for qualifying as a member of the commission. … Furthermore, Halici’s challenge clearly is distinguishable from the jurisdictional issues raised in Harbor Island Marina and Dutcher .

McWilliams v. Hoban

42 Md. 56 · Court of Appeals of Maryland · Mar 11, 1875

The number of loaves delivered to the plaintiff were charged to him, and a record was made of the number and delivery in each driver’s account kept in the book of the establishment. … In this case, the appellee’s third prayer, is further qualified by adding to the words used in Munns vs.

McFadden v. Grasmick

485 F. Supp. 2d 642 · District Court, D. Maryland · May 12, 2007

McFadden argues that the 40% Rule is at best arbitrary and is not an established standard in the field of high school athletics. … As McFadden contends, even with well-established sports programs, there will be teams that do not have participants in particular events.

CITIROOF, COPR. v. Tech Contracting Co.

159 Md. App. 578 · Court of Special Appeals of Maryland · Oct 29, 2004

The court made the following findings: In Pavel, [7] and I don’t think that there is clearly established here a binding contractual obligation between the parties. … And in order to pass it off to [Tech], you have to establish that they were unreasonable in relying on it.

Baltimore & Ohio Railroad v. Rose

65 Md. 485 · Court of Appeals of Maryland · Jun 23, 1886

Clearly they could not. … establishes the right of recovery in the action.

Corsa v. Tawes

149 F. Supp. 771 · District Court, D. Maryland · Mar 27, 1957

. *773 The established practice of the industry is to catch the fish by means of a purse net, for they cannot be caught economically in commercial quantities in any other way. … Commonwealth of Massachusetts, supra, 139 U.S. at page 265 , 11 S.Ct. at page 565 , that menhaden are food for other fish has been clearly proved to be erroneous.