Case law

Quigley v. United States

927 F. Supp. 2d 213 · District Court, D. Maryland · Sep 10, 2012

The potential liability of the United States under the FTCA is “qualified by a number of exceptions.” Holbrook v. United States, 673 F.3d 341, 345 (4th Cir.2012). … At best, this statute only establishes that the decision of whether to have a maintenance management system is non-discretionary.

Erhardt v. Baltimore Monthly Meeting of Friends, Park Ave.

93 Md. 669 · Court of Appeals of Maryland · Jun 14, 1901

The devise in this case was to the Society of Friends to be used for one of its recognized and clearly defined corporate purposes. … there being but little doubt, that as friends unite and cherish a disposition of liberality, for the assistance of each other, in this interesting work, they will be enabled to make such provision, as would encourage well qualified

Lindsay v. Stemper

166 Md. 257 · Court of Appeals of Maryland · Jan 31, 1934

“Prosecute” as there used clearly means to take, order or enter an appeal, as well as to carry on an appeal which has already been taken either by the “receiver, trustee or other beneficiary.” … Without the statute no such right would exist, and the limiting clause refers to and qualifies the enabling clause which alone grants the right.

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.

Crook Horner Co. v. Gilpin

112 Md. 1 · Court of Appeals of Maryland · Jan 12, 1910

On the part of the plaintiffs it is contended that they are entitled to a judgment against the defendant with a perpetual stay of execution in order to establish a liability against the surety notwithstanding the fact that … The facts of the case said the Court clearly distinguish it from the case of Hill v. Harding, supra, and from the other cases cited.

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.

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.

Symington v. Graham

165 Md. 441 · Court of Appeals of Maryland · Dec 7, 1933

The burden was upon the plaintiff to establish this causal connection. … So, the only evidence of probative force on this record fails to establish a sufficient connection of the accident with the malady of the plaintiff on July 3rd, but tends to establish an opposite conclusion.

Aero Motors, Inc. v. Administrator, Motor Vehicle Administration

274 Md. 567 · Court of Appeals of Maryland · May 6, 1975

The federal-state dichotomy was clearly pointed out in Sav-A-Lot, supra. … Such a statute is presumed to be valid and one attacking its validity has the burden of affirmatively and clearly establishing its invalidity; every intendment is in favor of the validity of the statute where there is a substantial

Serdenes v. Aetna Life Insurance

21 Md. App. 453 · Court of Special Appeals of Maryland · May 29, 1974

*463 clearly erroneous or he has abused his discretion. … It is clear to us from a reading of the record that in Judge Liss’s view the witness did qualify as an expert, and we are unable to say that his ruling was clearly erroneous or an abuse of discretion. Spence v.

Miller v. Montgomery County

64 Md. App. 202 · Court of Special Appeals of Maryland · Jul 9, 1985

He taught courses at Georgia Tech in traffic signals, coordinated systems, and had been qualified as an *212 expert in traffic signalization in several judicial proceedings. … Rather, the evidence clearly established that the collision resulted from the failure of a traffic light.

Tederick v. State

125 Md. App. 37 · Court of Special Appeals of Maryland · Feb 8, 1999

State, 65 Md.App. 498, 510 , 501 A.2d 111 (1985), wherein Judge Rosalyn Bell held very clearly: *41 The Court of Appeals recently held in Walczak v. … It is § 27-101 that establishes the penalties for those violations that are misdemeanors.

McGRATH-MALOTT v. Maryland

565 F. Supp. 2d 656 · District Court, D. Maryland · Jun 23, 2008

Finally, this Court granted both Maryland’s and Mades’s motions as to the state law claims in Counts IV and V on the grounds that they were immune under the Eleventh Amendment of the United States Constitution, but denied … As to the second element, termination is clearly an adverse employment action.

Howard Sports Daily, Inc. v. Public Service Commission

179 Md. 355 · Court of Appeals of Maryland · Feb 19, 1941

However, the evidence clearly showed that the appellant’s business was to furnish news of such a nature and in such a manner that the recipients would be expected to use it for an illegal purpose. … The adjudications of the Commission are prima facie correct, and the courts ascribe to them the strength due to judgments of a tribunal established by law and informed by *365 experience.

Hoffman v. Baltimore Police Dept.

379 F. Supp. 2d 778 · District Court, D. Maryland · Jun 29, 2005

Aside from any considerations related to the strength or preservation of the attorney-client privilege, Defendants’ motion to seal is clearly overbroad. … At the time of the alleged conduct at issue in this count, the scope of the First Amendment protection is sufficiently uncertain in this context so as to entitle Defendants to qualified immunity.

Lewis v. Balt. Convention Center

Court of Special Appeals of Maryland · Dec 1, 2016

Sovereign immunity functions differently in contract. H. Dean Bouland, Recent Legislation: Abrogation of Sovereign Immunity in Contract Cases in Maryland, 6 U. Balt. L. Rev. 338, 342 (1977). … The Class decided for its own reasons to pursue claims in federal court before suing in state 3 Art. 23A § 1A was, and CJ § 5-5A-01 is, the provision waiving sovereign immunity and establishing a one year limitations

Ademiluyi v. Pennymac Mortgage Investment Trust Holdings I, LLC

929 F. Supp. 2d 502 · District Court, D. Maryland · Mar 11, 2013

A debt collector is not immunized from liability for collection activities merely because such actions are undertaken indirectly through an agent. … Having concluded that the allegations are sufficient to establish that PennyMac Holdings qualifies as a debt purchaser, I need not address defendants’ argument that the mortgage lender license held by PennyMac Services satisfied

Wicomico County Education Ass'n v. Board of Education

59 Md. App. 564 · Court of Special Appeals of Maryland · Jul 12, 1984

The arbitrator directed that the Board give “full and fair consideration to all” qualified applicants. … How this Court would be expected to determine without a transcript that a trial judge was clearly erroneous in his factfinding, Md.Rule 1086, absolutely escapes us.

Harris v. Arlen Properties, Inc.

256 Md. 185 · Court of Appeals of Maryland · Dec 22, 1969

Vol. 7) Art. 75, § 96, except Delton, which having qualified to do business in Maryland was served through its resident agent. … Finally, as to Arlen Properties, Inc., it was established that this defendant was not qualified to do business in Maryland; that it is a New York corporation and does not have an office in Maryland; that all negotiations

Atlantic, Gulf & Pacific Co. v. State Department of Assessment & Taxation

252 Md. 173 · Court of Appeals of Maryland · Jan 15, 1969

In our opinion, Atlantic has successfully established all three of the essential elements. … The General Assembly could have added these words, but the plain fact is that it chose not to add such qualifying language.