Case law

Mitchell v. State

488 Md. 1 · Court of Appeals of Maryland · Aug 14, 2024

However, we “may overrule a case that either was ‘clearly wrong and contrary to established principles’ or ‘has been superseded by significant changes in the law or facts.’” Scott v. … The process of examining qualified jurors is governed by Maryland Rule 4- 312(e)(1): The trial judge may permit the parties to conduct an examination of qualified jurors or may conduct the examination after

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

Simms v. State

445 Md. 163 · Court of Appeals of Maryland · Nov 23, 2015

Here, the Circuit Court was faced with a petitioner who had already had the benefit of well-qualified and experienced counsel in pursuing DNA testing of a specific item of evidence – evidence that the State had established … Here, he had received the assistance of very qualified counsel who determined that the evidence in question was no longer available for testing.

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.

United States v. Mandel

415 F. Supp. 997 · District Court, D. Maryland · Mar 31, 1976

The fact that there was proof of intent to deceive did not establish proof of intent to employ deceit for wrongful purposes. Similarly, in Epstein v. … Defendant Mandel has proposed that the doctrine of legislative immunity should bar the prosecution of this case.

McPherson v. Maryland Public Employees Council 67

943 F. Supp. 579 · District Court, D. Maryland · Nov 1, 1996

Severance Pay In contrast to the three claims discussed above, severance pay is a benefit clearly covered by ERISA. See Holland v. … See 29 U.S.C. § 1002 (1) (“any plan, fund, or program ... established or maintained by an employer ... to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants

School Commissioners v. School Commissioners

35 Md. 201 · Court of Appeals of Maryland · Feb 15, 1872

The Acts of 1865, 1868 and 1870, providing for a general system of education in the State, treat the county school funds as separate and distinct from the revenue to be raised by general or local taxation, and clearly recognize … But this is true only in a qualified sense.

Cavanagh v. Grasmick

75 F. Supp. 2d 446 · District Court, D. Maryland · Nov 24, 1999

In any event, while Congress has abrogated state sovereign immunity with respect to federal claims prosecuted under the IDEA, see 20 U.S.C. § 1403 (a) (“A State shall not be immune under the eleventh amendment to the Constitution … Clearly, these results are consistent with Ms. McMullen’s testimony that Matthew made progress toward meeting his reading objectives, see Tr.

Uhrig v. United States

592 F. Supp. 349 · District Court, D. Maryland · Jun 30, 1984

[Pet., H 29] Taxpayer’s contention (HH 1 and 4) that the IRS lacks jurisdiction to issue a summons and that Taxpayer is immune (e.g., not a person liable to pay taxes) is without merit. … Under TEFRA’s new “bright line” test, a summons issued for a criminal purpose is enforceable unless there is a “Justice Department referral”. 6 In the instant case, Special Agent Morris’ Declaration clearly establishes that

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 .

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.

Meola v. Bethlehem Steel Co.

246 Md. 226 · Court of Appeals of Maryland · Apr 6, 1967

Generally, under the usual grievance procedure of a collective bargaining agreement, the employer is entitled to immunity from suit by individual employees if the grievance procedure is properly followed, but the employee … He did not allege in the declaration nor in his opposing affidavit that he is qualified for any other employment or that there was other work available which he could perform and was willing to accept.

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.

LeRoux v. Montgomery County, Maryland

District Court, D. Maryland · Mar 20, 2023

Governmental Immunity Protects the County. … Other than mentioning that law enforcement officers receive qualified immunity in some circumstances, it has little bearing on this case. Finally, in Davis v.

Hurt v. Individually and as a whole, every public media establishment of the USA

District Court, D. Maryland · Mar 3, 2021

The Complaint further excoriates racism in American culture while averring that “public media has mathematically deduced that whites are stealing or mishandling in some obscure and never clearly articulated way, the well … require that this Court, upon review, dismiss any allegation that (i) is frivolous or malicious; (ii) fails to state a claim upon which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune

Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc.

948 F. Supp. 2d 538 · District Court, D. Maryland · Jun 10, 2013

As a preliminary matter, MRIS and NAR contend that they are immune from antitrust liability based on Noerr-Pennington immunity. 1. … Noerr-Pennington antitrust immunity “Those who petition government for redress are generally immune from antitrust liability.” Prof'l Real Estate Investors, Inc. v.

Lamone v. Lewin

460 Md. 450 · Court of Appeals of Maryland · Jul 31, 2018

The Court held that the withdrawal deadline was “inapplicable in a case where it clearly cannot apply.” … The March 9th deadline established by EL § 5-601(1)(ii) and EL § 5-504(b) clearly prevents the State Board from being aware, i.e., knowing of the disqualification of a candidate, and nonetheless allowing the candidate’

Minter v. Wells Fargo Bank, N.A.

675 F. Supp. 2d 591 · District Court, D. Maryland · Dec 16, 2009

However, defendants openly admit that Wells Fargo handled regulatory matters for Prosperity and have provided in discovery a copy of an agreement that establishes this fact. … Kerby articulated its disagreement with Hardin , declining to follow Zaremski, on the basis of Hardin's citation to inapposite case law addressing sovereign immunity, which actually tends to support rather than undermine

Pepsi Bottling Group v. Plummer

226 Md. App. 460 · Court of Special Appeals of Maryland · Jan 28, 2016

The State Board of Physicians is established within the Department of Health and Mental Hygiene by HO Title 14, Subtitle 2. … This immunity does not apply to a civil action brought by a party to the proceedings of the review committee and claiming to be aggrieved by the decision of the committee.

Johnson v. Luers

129 Md. 521 · Court of Appeals of Maryland · Dec 13, 1916

I had established a desk right next to Mr. Hardy, and I was there all the time. When Mr. Almoney would bring bills up in instalments he would hand them to Mr. Hardy and Mr. … and published as law by authority, the presumption is, that all the constitutional solemnities and prerequisites necessary to its valid enactment have been complied with; and this presumption exists until the contrary is clearly