Case law

Rueda v. Yellen

District Court, D. Maryland · Oct 1, 2020

This occurs only when “all facts necessary to the affirmative defense ‘clearly appear on the face of the complaint.’” Id. … A “waiver of sovereign immunity must be unequivocally expressed in statutory text,” and be “clearly evident from the language of the statute.” FAA v.

Riley v. Venice Beach Citizens Ass'n

487 Md. 1 · Court of Appeals of Maryland · Apr 19, 2024

It also found that the circuit court’s denial of Bay Pride’s Large Section claim was not clearly erroneous. … As explained, in my view, the prior grant of summary judgment was not qualified under Maryland Rule 2-501(g).

Andy's Ice Cream, Inc. v. City of Salisbury

125 Md. App. 125 · Court of Special Appeals of Maryland · Feb 24, 1999

Washington Suburban Sanitary Comm’n, 284 Md. 503, 510 , 397 A.2d 1027, 1031 (1979) (sovereign immunity); O & B, Inc. v. … Maryland-National Capital Park & Planning Comm’n, 279 Md. 459, 462 , 369 A.2d 553, 555 (1977) (sovereign immunity)....

Stokes v. State

72 Md. App. 673 · Court of Special Appeals of Maryland · Nov 5, 1987

Because a defendant has a substantial right to have the jury that was impanelled ultimately decide his fate, a judge should not dismiss a juror unless the record reveals that such dismissal is clearly warranted. … By the same analysis, we do not believe that the judge’s observation of “gross inattentiveness,” disputed by defense counsel, was sufficient to establish that the juror was unable to continue.

Monroe-Lord v. Hytche

668 F. Supp. 979 · District Court, D. Maryland · Aug 19, 1987

These allegedly discriminatory acts clearly fall outside the 300-day limitations period. See Delaware State College v. … The difficult question is whether she has established a prima facie case that she was qualified for tenure. Zahorik, supra, 729 F.2d at 93-94 .

Merchant v. Prince George's County

948 F. Supp. 2d 515 · District Court, D. Maryland · May 31, 2013

Moreover, I believe that each of these positions was filled by less qualified male colleagues. (Id. at 7-8). … See 29 C.F.R. §§ 1626.8 (a)-(b) (establishing that an ADEA charge "should contain” five specific types of information, but then qualifying these requirements by stating that a charge is "sufficient” if it meets the requirements

De Patricio v. Towson University

District Court, D. Maryland · Aug 19, 2024

Plaintiff counters that Counts I] and □□ are not barred by the doctrine of sovereign immunity due to an express congressional abrogation of sovereign immunity, ECF 39, at 2; and that Plaintiff has established … Therefore, Defendant bears the burden of establishing that Congress has not abrogated State immunity, and that Maryland has not waived its immunity suit. 2.

Gaver v. Gaver

176 Md. 171 · Court of Appeals of Maryland · Feb 5, 1939

He is an executor if he qualified. I suppose he qualified. Q. Don't you know he has qualified? A. I presume he has. Q. Don't you know he has? A. Well under the terms of the will. Q. That doesn't answer the question. A. … Ordinarily courts of equity will not interfere in the administration of estates by a probate court, except *Page 190 to remedy some evil or establish some right which such courts are powerless to grant or establish.

Newton v. Kenific Group

62 F. Supp. 3d 439 · District Court, D. Maryland · Oct 15, 2014

Therefore, this Court finds that Plaintiff has pled an intimate nexus sufficient to establish a duty of care. … Maryland has qualified, however, that statements of a speaker’s present intention to perform future acts within his control may support an action for negligent misrepresentation. Gross v.

COLKLEY & FIELDS v. State

204 Md. App. 593 · Court of Special Appeals of Maryland · Apr 26, 2012

Whether it “otherwise qualifies for admissibility,” therefore, becomes our next inquiry. C. … Judge Russell’s non-persuasion was not clearly erroneous. The appellants’ effort to qualify Courts’s testimony from the first trial pursuant to Rule 5-804(b)(5) failed. D.

Campbell McGagh v. The Supreme Court of Maryland

District Court, D. Maryland · Sep 6, 2024

It is well established that a judge, in performing his or her official functions, has absolute immunity from all litigation. E.g., Gibson v. … Goldston, 85 F.4th 218, 223 (4th Cir. 2023) (“Judicial immunity is strong medicine.”).

(1998)

83 Op. Att'y Gen. 128 · Maryland Attorney General Reports · Sep 28, 1998

The General Assembly thus rendered HMO subscribers immune from liability from actions by "any health care provider for any covered service." … Clearly, the General Assembly has expressed a strong interest in protecting the residents of Maryland from balance billing by any practitioner or facility.

Allen

District Court, D. Maryland · Jan 21, 2026

fashion, “an ongoing and continuous policy of discriminatory practices, specifically by denying funding applications from minority-owned businesses like Plaintiff’s while approving those of similarly situated or less qualified … An untimely response to a motion does not by itself establish, under Rule 55(a), a defendant’s failure to plead or otherwise defend against a plaintiff’s claims. See Kelly v. Hill, Civ.

Raley v. Board of St. Mary's County Commissioners

752 F. Supp. 1272 · District Court, D. Maryland · Sep 7, 1990

As a *1278 first essential step, the plaintiff must establish a four element prima facie case: (1) that the employee is a member of a protected class; (2) that the employee was qualified for the job and the job performance … The present case clearly does not rise to this level. Sexual innuendos at Raley’s expense, although present, were also isolated incidents.

Nichols v. Bumgarner

District Court, D. Maryland · Apr 1, 2024

Finally, Officer Nichols 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.

Rueda v. Yellen

District Court, D. Maryland · Aug 5, 2020

This occurs only when “all facts necessary to the affirmative defense ‘clearly appear on the face of the complaint.’” Id. … A “waiver of sovereign immunity must be unequivocally expressed in statutory text,” and be “clearly evident from the language of the statute.” FAA v.

All Risks, Ltd. v. Equitable Life Assurance Society of the United States

931 F. Supp. 409 · District Court, D. Maryland · Jul 3, 1996

ERISA clearly preempts plaintiffs claims alleging improper administration of the Plan. In Tri-State Machine Inc. v. Nationwide Life Ins. … [the defendants] negligently breached the duty owed to All Risks to act with the reasonable care and skill of a professional qualified plan consultant.” Id. at para. 94.

Andresen v. State

24 Md. App. 128 · Court of Special Appeals of Maryland · Jan 10, 1975

The underlined words clearly set out the specific intent or special mens rea of the crime. … All of these items fell clearly within the ambit of those particularly described “things to be seized” under the search warrants.

Maryland Motor Truck Ass'n Workers' Compensation Self-Insurance Group v. Property & Casualty Insurance Guaranty Corp.

386 Md. 88 · Court of Appeals of Maryland · Apr 6, 2005

Clearly, the claim of an “insurer” is not a “covered claim.” … The court found that, under those definitions, the group qualified as an “insurer.”

United States v. Blair

493 F. Supp. 398 · District Court, D. Maryland · Jun 19, 1980

The mere taping of the boxes shut was not sufficient to create a reasonable expectation of privacy in these containers which were clearly cargo. … The system of filling the Qualified Jury Wheel apparently favors black males rather than excluding them. 14 .