Case law

Attorney Grievance Commission v. Wingerter

400 Md. 214 · Court of Appeals of Maryland · Jul 30, 2007

The hearing court concluded that the charge of misprision of a felony, while not a crime in Maryland “qualifies as a serious crime in accord with Maryland [Rule] 16.701(k)(3).” … That, he submits, contradicts Paragraph 5 and, in fact, renders it clearly erroneous.

Jackson v. Maryland Department of Public Safety & Correctional Services Inc

District Court, D. Maryland · Sep 25, 2024

Further, it is well-established that the Eleventh Amendment bars federal court actions against agencies and departments of the state, alongside the state itself. Id. … To seek recovery for violation of either the ADA or the RA, a plaintiff “must allege that (1) she has a disability[4], (2) she is otherwise qualified to receive the benefits of a public service, program, or activity, and

Cohen v. Governor of Maryland

255 Md. 5 · Court of Appeals of Maryland · Sep 1, 1969

As this established a four year term for various state and county officials, Section 2 of the Amendment provided that “Elections by qualified voters for State and county officers shall be held on the Tuesday next after the … This type of election is established by what function it performs not by what it is called.

Potomac River Ass'n v. Lundeberg Maryland Seamanship School, Inc.

402 F. Supp. 344 · District Court, D. Maryland · Apr 11, 1975

That scheme, established at 33 C.F.R. § 209.120 pursuant to section 10 of the Rivers and Harbors Act of 1899, 33 U. … Union Oil held that fishing was clearly a traditional maritime activity and negligent conduct which interfered with that activity was actionable as a maritime tort. See also Burgess v.

Zimmerman v. Thomas

152 Md. 263 · Court of Appeals of Maryland · Jan 28, 1927

There could be no adoption establishing the legal relation of parent and child except under and in accordance with a statute. Hillers v. Taylor, 108 Md. 148, 155 . … The relation established was to end when the apprentice became of age. There is not the slightest suggestion of an intention to confer upon him any right of inherit *268 anee.”

Wilson v. State

8 Md. App. 653 · Court of Special Appeals of Maryland · Feb 10, 1970

We cannot say that the judgment of the court was clearly erroneous on the evidence before it and thus we may not set it aside. … Impossibility of conviction is not the same as innocence and if the guilt of two is established one may be convicted although the other may be protected by diplomatic immunity or some' other procedural bar.

Ricketts v. Ricketts

393 Md. 479 · Court of Appeals of Maryland · Jul 28, 2006

required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental immunity … Whether the parties cohabited, or not, is clearly a question of fact. 4 . We do not construe the appellant's use of the term, "together,” to be an admission that he and Mrs.

Parks v. Alpharma, Inc.

421 Md. 59 · Court of Appeals of Maryland · Jul 19, 2011

Parks, in attempting to establish one of the bases for a wrongful discharge claim, asserted that Alpharma had breached various duties established by state and federal statutes, the first of which, Ms. … own, which of the FDA’s regulations bound the Red Cross to a specific legal duty and which did not: [If a court] were to announce that [the FDA’s regulations] were all sources of Maryland public policy, an employee could immunize

Outdoor Amusement Bus. Ass'n, Inc. v. Dep't of Homeland Sec.

334 F. Supp. 3d 697 · District Court, D. Maryland · Sep 12, 2018

Litigation History Consistent with the regulations described above, DOL has established various procedures to determine whether a qualified U.S. worker is available to fill the job described in the employer's petition. … Despite plaintiffs' vague protests to the contrary, this suit clearly represents a facial, rather than an as-applied, challenge.

Hoffman Chev. v. Wash. Co. Nat'l Sav.

297 Md. 691 · Court of Appeals of Maryland · Nov 23, 1983

Although the check did not qualify as an attachable credit, we must, nevertheless, determine if the check was otherwise attachable. … The Trust shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements, or torts of any person entitled to benefits hereunder. *706 This language clearly creates a spendthrift trust

108OAG21

Maryland Attorney General Reports · May 17, 2023

qualified disability expenses (in the case of ABLE). … These considerations, in our view, establish that the General Assembly did not so intend. 1.

Hall v. Sullivan

231 F.R.D. 468 · District Court, D. Maryland · Oct 11, 2005

Were it necessary to decide this issue, it is questionable under the circumstances presented here whether CBDD would be able to establish good cause why waiver of its privilege claims should not occur, especially since they … Clearly, the most direct, least burdensome way of determining the level of franchise law experience of the CBDD lawyers is to depose the specific lawyers who represented Mr.

Bastian v. Laffin

54 Md. App. 703 · Court of Special Appeals of Maryland · May 18, 1983

When Edward Laffin died, Maj-Lis qualified as executrix. The estate was represented by appellant Bastian. … In light of the record as a whole, we cannot say that these conclusions were clearly erroneous.

Levin v. State

1 Md. App. 139 · Court of Special Appeals of Maryland · Apr 10, 1967

Appellant •concedes the photographs are utterly without redeeming social value, but urges that the State has not established that the •other two elements set forth under the Roth-Alberts test of obscenity coalesce. … However, we are mindful of our obligation to make a reflective, *144 independent judgment on the facts of the case and that ordinarily neither the judge who may sit in the lower court nor the judges of this Court would be qualified

State v. Brown

307 Md. 651 · Court of Appeals of Maryland · Nov 10, 1986

any evidence in the record supporting such inference.’ ” With respect to the postponement of the trial on September 13, 1983, the Court of Special Appeals was “not persuaded that [County Administrative] Judge Williams was clearly … The date established for the trial of the matter shall not be postponed except for good cause shown by the moving party and only with the permission of the administrative judge of the court where the matter is pending.

Mayer v. Montgomery County

143 Md. App. 261 · Court of Special Appeals of Maryland · Mar 27, 2002

He thus was placed in the “qualified” category. Twenty-six other applicants had placed in that category as well. Eight applicants had placed in the “well qualified” category. … As we have noted, the documents in question clearly fell within the scope of SG section 10 — 618(c)(1).

Gray v. Peter Gray Orphans' Home & Mechanical Institute

128 Md. 592 · Court of Appeals of Maryland · May 4, 1916

If there be a manifest design to establish a trust then a trust will be declared though no apt technical words are employed; and if there be an equally manifest design not to establish a trust, then no trust will be declared … Undoubtedly, by the language used in that paragraph the testator expressed an intention that'a certain defined class of white orphan children should be eligible or qualified to be admitted to said Home and Institute.

Jacobs v. State of Maryland Department of Natural Resources

203 F. Supp. 2d 485 · District Court, D. Maryland · May 31, 2002

In his letter of March 14, 2002, AAG Gill clearly stated that defendants Rhoads and Sewell had not been properly served with process in the case. … However, it is well established that neither a state nor its officials acting in their official capacities are “persons” under § 1983. Will v.

Arnstrom v. Excalibur Cable Communication, Ltd.

142 Md. App. 552 · Court of Special Appeals of Maryland · Feb 5, 2002

[which are] provided directly to the beneficiary, are clearly intended to prepare the beneficiary to return to the workplace.” Fikar, 333 Md. at 438 , 635 A.2d at 980 . … “(b) Program established. — The State Workers’ Compensation Commission: “(1) Shall establish a rehabilitation program; “(2) May employ the necessary rehabilitation counselors and clerical staff to review all reports and claims

Stop Slots MD 2008 v. State Board of Elections

424 Md. 163 · Court of Appeals of Maryland · Jan 6, 2012

The standards governing the resolution of this issue are clearly set forth in the Constitution, the Maryland Election Law Article, and firmly addressed and established by our precedents. … By indicating that the legislation establishes exceptions to the parental notification provision, the ballot language ‘concisely and intelligently’ summarized that portion of the legislation.”