Case law

Wantz v. Afzal

197 Md. App. 675 · Court of Special Appeals of Maryland · Mar 1, 2011

App. 49, 76 , 680 A.2d 532 (1996) (“The trial court’s determination is reversible if it is founded on an error of law or some serious mistake, or if the trial court clearly abused its discretion.”) … In that case, the plaintiff attempted *686 to qualify an internist, who lacked specialty in gynecology and surgery, as an expert in order to establish that the defendant physician failed to perform a hysterectomy according

Artz v. Grove

21 Md. 456 · Court of Appeals of Maryland · Jun 1, 1864

The substance of the contract being established by the admissions of tbe answer and evidence, which is above exception, the next consideration is, whether it was fair,'mutual and just? … These features are all clearly proved.

Nathans Assocs. v. Mayor & City Council of Ocean City

239 Md. App. 638 · Court of Special Appeals of Maryland · Dec 21, 2018

It also clearly shows South Division Street extended to the Atlantic Ocean and indicates, clearly, that the middle of South Division Street is the southern boundary of the property … as strong as their duty to refrain from presiding when not qualified.”

Kravitz v. U.S. Dep't of Commerce

336 F. Supp. 3d 545 · District Court, D. Maryland · Aug 22, 2018

The Supreme Court precedent cited supra has not clearly established whether the Secretary's acts made pursuant to the Census Act "are permitted to agency discretion by law." … immunity" (citing Heckler , 470 U.S. at 839 , 105 S.Ct. 1649 (Brennan, J., concurring) ) ).

Falik v. HORNAGE

413 Md. 163 · Court of Appeals of Maryland · Apr 5, 2010

Stevens, 337 Md. 471, 479 , 654 A.2d 877, 881 (1995)). *178 The order in Holthus clearly does not fall within that category. Thus, we dismiss Martinez’s appeal. 8 II. … Falik did not inform clearly the Court of Special Appeals that the defense withdrew him as an expert witness.

Schoen v. Sulton

297 F. Supp. 538 · District Court, D. Maryland · Mar 14, 1969

Second, no fed *541 eral law confers immunity from state prosecution on such charges.” 384 U. S. at 826, 86 S.Ct. at 1811. … Such a result, aside from the immense administrative problems it *542 would pose, would sound the destruction of the independent state judiciary system and would establish a federal judiciary that was never intended by the

State v. Werkheiser

299 Md. 529 · Court of Appeals of Maryland · May 9, 1984

The consent statute and the presumptions a factfinder can draw from the amount of alcohol in the person’s breath or blood, which are contained in § 10-307(b-e) of the Courts Art., clearly reflect an intent to aid in the factfinding … A conviction may be had without a chemical analysis “on any competent evidence legally sufficient to establish the corpus delicti of the crimes and the criminal agency of the accused.”

(2009)

94 Op. Att'y Gen. 88 · Maryland Attorney General Reports · May 27, 2009

Such a device is clearly limited to potential conflicts at the time of appointment. … The Department argued that the changes wrought by the bill would improve its ability to both hire and retain qualified employees. Id.

Nathans Assoc. v. Ocean City

Court of Special Appeals of Maryland · Dec 21, 2018

It also clearly shows South Division Street extended to the Atlantic Ocean and indicates, clearly, that the middle of South Division Street is the southern boundary of the property … as strong as their duty to refrain from presiding when not qualified.”

Gresser v. Anne Arundel County

349 Md. 542 · Court of Appeals of Maryland · Jan 28, 1998

The County apparently has no written or established procedures for obtaining approval of a conditional use. … We should have a record clearly establishing whether there is any discretion given to a county official to decide not to issue a conditional use permit because in his or her opinion condition four is not met.

Matter of Albert G. Aaron Living Trust

457 Md. 699 · Court of Appeals of Maryland · Mar 26, 2018

respect to which the failure of qualified recipients has occurred be distributed to the Aaron Family Foundation established in Section 13.04. … This Court declared in Estep that a testator’s intent “must clearly appear from the language used in the various parts of the will; and, unless the intent is clearly and certainly different from that which the technical

Whipp v. Seafarers Vacation Plan

632 F. Supp. 1487 · District Court, D. Maryland · Apr 17, 1986

. § 186 , which requires that employee benefit plans be established and administered for the sole benefit of employees. … Clearly, it would be wrong to interpret Knauss as saying that any break-in-service rule that failed to distinguish between voluntary and involuntary breaks was arbitrary per se.

Opara v. Modern Manufacturing Co.

434 F. Supp. 1040 · District Court, D. Maryland · Jul 11, 1977

of the party establishing it, but only permits that finding.” … Her home sewing experience in Nigeria would not necessarily qualify her for a position as a sewer in a factory. Mr.

Moore v. Reese

817 F. Supp. 1290 · District Court, D. Maryland · Mar 30, 1993

McDonnell Douglas established a burden shifting framework for Title VII cases which is also applied in ADEA eases. … Har-mening is entitled to summary judgment because Moore cannot establish a prima facie case.

Payne v. State

211 Md. App. 220 · Court of Special Appeals of Maryland · Feb 27, 2013

Under our holding in Wilder , it was clearly error for the court to admit this evidence without expert testimony. On remand, this evidence may only be introduced through a witness qualified as an expert. … These facts are not sufficient to establish an express conspiracy of concealment extending to November 1981. Id.

Irby v. State

66 Md. App. 580 · Court of Special Appeals of Maryland · Mar 6, 1986

The doctrine of judicial notice substitutes for formal proof of a fact “when formal proof is clearly unnecessary to enhance the fact finding process.” Smith v. … The record, however, clearly reflects the court took notice of a charging document filed in No. 17,821.

Verizon Maryland Inc. v. RCN Telecom Services, Inc.

248 F. Supp. 2d 468 · District Court, D. Maryland · Mar 5, 2003

The state commission may also establish and enforce requirements of state law in its review of a SGAT. Id. … The commissioners have asserted their sovereign immunity from suit.

Hurt v. All Corrections Officer and Staff employed by North Branch C.I.

District Court, D. Maryland · Mar 2, 2021

Wards, 738 F.3d 607, 610 (4th Cir. 2013) (dismissal of complaint on grounds enumerated in § 1915(g), and not procedural posture at dismissal, determines whether the dismissal qualifies as a strike). … incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it . . . fails to state a claim upon which relief may be granted, unless” he can establish

Axel v. Apfel

171 F. Supp. 2d 522 · District Court, D. Maryland · Sep 11, 2000

Harassment and Denial of Choice Claims Two of Plaintiff Axel’s complaints clearly fail to qualify as adverse employment actions. … Therefore, he fails to establish a prima facie case as he is unable to show either that he applied for the position or that he was qualified for the position.

Thompson v. State

80 Md. App. 676 · Court of Special Appeals of Maryland · Nov 30, 1989

10-1002 limiting the number of persons necessary to establish the chain of custody. … When in our judgment that undergirding purpose has clearly been served, we are not about to worry over whether there has been blind and literal obedience to the rule in the tradition of a Prussian drillmaster.