Case law

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

Vito v. Grueff

453 Md. 88 · Court of Appeals of Maryland · May 22, 2017

Here, the settlor established an irrevocable trust for the benefit of his four adult children. … In addition to contending that Amendment V contravened Vito’s clearly stated intention, in her brief and at oral argument, Candace contended that Amendment V violated well-established Maryland law regarding the testamentary

Hare v. Mayor of Baltimore

200 Md. 477 · Court of Appeals of Maryland · Jul 15, 1952

The Board and the Court evidently concluded that these facts did not establish a non-conforming use. … Mayor and City Council of Baltimore, 187 Md. 296 , at page 300, 49 A. 2d at page 802 : “Paragraph 8 *482 of the Baltimore City Zoning Ordinance excludes garages from residential use districts, but this general exclusion is qualified

McLaughlin v. Ward

Court of Special Appeals of Maryland · Jan 30, 2019

That result would obviously be in some 3 tension with “Maryland’s long-established policy against piecemeal appeals.” Waterkeeper Alliance, Inc. v. Md. … “To qualify as a collateral order, a ruling must satisfy four criteria: ‘(1) it must conclusively determine the disputed question; (2) it must resolve an important issue; (3) it must be completely separate from the merits

Pietruszewski v. State

245 Md. App. 292 · Court of Special Appeals of Maryland · Apr 7, 2020

In addition, the State established that the hotel was located “just a couple blocks from” the restaurant where Ms. … When the second qualified juror is called, the defendant shall indicate first whether that qualified juror is challenged or accepted.

Nivens v. Tehum Care Services, Inc.

District Court, D. Maryland · Nov 13, 2023

The claims against Blevins and O’Neil are clearly time-barred. … Servs., 926 F.3d 97, 100 (4th Cir. 2019), the Court said: “The Supreme Court ‘has drawn on principles of sovereign immunity to construe the Amendment to establish that an unconsenting State is immune from suits brought

David N. v. St. Mary's County Department of Social Services

198 Md. App. 173 · Court of Special Appeals of Maryland · Apr 1, 2011

Subsections (b) and (c) establish the timing, mandated steps, and scope of the required investigation. … that certain reporting requirements apply only to certain persons in this State; providing certain immunity for certain persons under certain circumstances; establishing that certain investigation procedures apply only to

(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.

Mayo v. Booker

56 F. Supp. 2d 597 · District Court, D. Maryland · Apr 21, 1999

Many of these bills seem to be for treatment and therapy rendered to Thurston, and those costs are clearly not properly awarded in an action for attorneys’ fees and litigation costs. … Third, the Mayos have not established an appropriate, reasonable number of hours expended by their attorneys. *600 Clearly, the Mayos are not entitled to reimbursement for (1) any charges for fees and costs related to the

Oak Crest Village, Inc. v. Murphy

379 Md. 229 · Court of Appeals of Maryland · Feb 9, 2004

On its face, § 8.11 does not affirmatively impose a requirement that Sherwood pay at the private pay rate for any established period of time, even if he were to qualify for Medicaid benefits. … Renaissance Gardens is clearly a nursing home under that definition. Sections 19-342 through 19-352 provide certain individual rights for patients in hospitals and related institutions.

Attorney Grievance Commission v. Chapman

430 Md. 238 · Court of Appeals of Maryland · Jan 31, 2013

When she explained that she wanted to secure a loan modification, she was told she may qualify for certain modification programs. … Bogarosh qualified for a modification option that was not pursued.

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.

Contract Construction, Inc. v. Power Technology Center Ltd. Partnership

100 Md. App. 173 · Court of Special Appeals of Maryland · Apr 29, 1994

The complaint against CCI was dismissed because it was Fahy’s statutory employer and thus immune from suit under the Maryland Workers’ Compensation Act. … Second, if the dispute sought to be arbitrated is clearly outside the scope of the arbitration clause, arbitration must be denied. Id.

Gilliam v. Department of Public Safety and Correctional Services

District Court, D. Maryland · Dec 20, 2024

Maryland’s highest court has “adopted a two-part test to determine whether sovereign immunity applies in a specific case:” (1) whether the entity invoking sovereign immunity qualifies; and (2) whether the state legislature … waived the immunity.

Davis v. Maryland Parole Commission

District Court, D. Maryland · Dec 21, 2022

Dep't of Public Safety and Correctional Services, 926 F.3d 97, 100 (4th Cir. 2019) (“The Supreme Court ‘has drawn on principles of sovereign immunity to construe the Amendment to establish that an unconsenting State is … Davis has established that he has a disability.

State Department of Assessments & Taxation v. Consolidation Coal Sales Co.

382 Md. 439 · Court of Appeals of Maryland · Aug 3, 2004

He stated: Clearly, they are receiving coal primarily from their mine in Pennsylvania, though, in addition, they get some coal from some other sources. It arrives by train. … Clyde’s, 377 Md. at 483 , 833 A.2d at 1021 (establishing the standard of review for a tax statute)(internal quotation marks omittedXquoting Moore v. Miley, 372 Md. 663, 677 , 814 A.2d 557, 566 (2003)).

Jenkins v. State

238 Md. 451 · Court of Appeals of Maryland · Apr 4, 1966

The jury found him guilty of first degree murder, without qualifying its verdict, and guilty of robbery. The sentences were death for murder and twenty years for robbery. … Appellant does not claim that the police officers were not truthful or accurate when they testified that no force, duress or threats were used to obtain the confession or when they said that no specific promises of immunity

Maryland Attorney General Opinion 109OAG032

Maryland Attorney General Reports · May 8, 2024

See COMAR 09.24.01.06C-E (establishing ethical limits on CPAs’ other services). … A CPA who merely asks the client these questions and notes the answers would clearly not be practicing law.

Huggins v. PRINCE GEORGE'S COUNTY, MD.

750 F. Supp. 2d 549 · District Court, D. Maryland · Nov 9, 2010

During the July 24 hearing, the Court made no findings concerning whether a constitutional violation in fact had occurred, but found that the individual defendants were entitled to qualified immunity for any alleged substantive … Under the clearly erroneous standard, the reviewing court is not to ask whether the finding is the best or only conclusion permissible based on the evidence.

Frye v. Grandy

625 F. Supp. 1573 · District Court, D. Maryland · Jan 24, 1986

In her complaint, she alleges *1574 that she was passed over for a promotion in June, 1984 in favor of a less-qualified younger black woman. Since that time, many of Ms. … Municipal or county conduct that results in a single incident is not necessarily immune, provided that it is the product of a policy or custom. What is lacking here is a policy or custom.