Case law

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

Willow Tree Learning Center, Inc. v. Prince George's County

85 Md. App. 508 · Court of Special Appeals of Maryland · Jan 21, 1991

Did the court below err in granting Prince George’s County’s and Evelyn Hoban’s Motion for Summary Judgment on the issue of immunity? 2. Is Willow Tree entitled to judgment as a matter of law on the issue of immunity? … The Maryland Occupational Safety and Health Act (MOSHA) provides for the inspection of facto *521 ries, plants, establishments, construction sites, work places, places of employment, and work environments.

Lopez v. State

433 Md. 652 · Court of Appeals of Maryland · Aug 20, 2013

illegality, (10) laches, (11) payment, (12) release, (13) res judicata, (14) statute of frauds, (15) statute of limitations, (16) ultra vires, (17) usury, (18) waiver, (19) privilege, and (20) total or partial charitable immunity … Since the 19th century, the laches doctrine has become more “rule-like” while statutes of limitations have been qualified by concepts such as the "discovery rule” that customize the rule to the circumstances of a particular

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.

Castleman v. Du Val

89 Md. 657 · Court of Appeals of Maryland · Jun 5, 1899

The general and well-established rule undoubtedly is that, where no fraud or mistake is alleged, parol evidence will not be admitted to aid in the construction of a sealed instrument. In Howard v. … These exceptions to the rule are very clearly stated by Judge Miller in Stockham v.

Balto. Ohio R. Co. v. Howard Co.

111 Md. 176 · Court of Appeals of Maryland · Jun 30, 1909

Chicago, supra, `qualifies and restrains within just limits the rigor of the rule which forbids recourse between wrongdoers.' In the leading case of Lowell v. … The plaintiff's third prayer is clearly objectionable.

Hickman v. Carven

366 Md. 362 · Court of Appeals of Maryland · Nov 5, 2001

The issue, for purposes of the relevant (Minnesota) six-year statute of repose, was whether the temporary trench qualified as an improvement. … A rationale for this view, regarding an item as an improvement if it is an integral component of a project that itself would qualify as an improvement, was given in Hilliard v.

Thrift v. Towers

127 Md. 54 · Court of Appeals of Maryland · Nov 11, 1915

Towers, was appointed on May the 4th, 1914, a member of the Public Service Commission of Maryland for the term of six years, and on the same day qualified and entered immediately upon the discharge of his duties as such commissioner … The ground of the attack must be plainly and clearly established.

Court v. Court

67 Md. App. 676 · Court of Special Appeals of Maryland · Jun 4, 1986

The second aspect, assuming the property qualifies, is whether there ought to be a use and possession order. … There is no question as to (ii) or (iii); they are clearly met.

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

Chlan v. KDI Sylvan Pools, Inc.

53 Md. App. 236 · Court of Special Appeals of Maryland · Dec 7, 1982

Sisk, to be credible and this Court must affirm that finding unless clearly erroneous. Md. Rule 1086. … Although not qualified as a fishing expert, he later testified that the fish were bass. 2 . The lack of pictures was not direct evidence of when the cracks appeared.

State v. Burning Tree Club, Inc.

315 Md. 254 · Court of Appeals of Maryland · Mar 8, 1989

In short, Burning Tree has not established that it qualifies for the intimate associational rights described in Roberts and Rotary Club . … Clearly, Ch. 384 as applied increases Burning Tree’s tax burden.

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.

Canty v. Bishop

District Court, D. Maryland · Jan 18, 2023

Qualified Immunity Defendants argue they are entitled to qualified immunity and that summary judgment is appropriate on that basis. … Further, the qualified immunity defense is unavailing, both because the constitutional rights were well-established at the time of the incidents at issue and because there exists a material 3 According to the use of force

Larry's Enterprises, Ltd. v. Mayor of Baltimore

54 Md. App. 367 · Court of Special Appeals of Maryland · Apr 13, 1983

This testimony was clearly sufficient to have permitted a question of fact for the jury whether there was a reasonable probability of the reclassification. … "If the evidence offered proved to be insufficient to establish a reasonable probability of rezoning within a reasonable time after the date of taking, it would, we think, have been entirely in order for the trial court to

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.”

McHugh & Associates v. Commercial & Farmers Bank

59 Md. App. 519 · Court of Special Appeals of Maryland · Jun 21, 1984

Whether the provisions of Financial Institutions Article § 5-306(b) immunize appellee from liability under the facts of this case. II. … [a creditor were at liberty so do to] the established right of the debtor ...

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.

Tidewater Finance Co. v. Williams

341 B.R. 530 · District Court, D. Maryland · May 9, 2006

Rather, § 727(a)(8) defines a condition that the Debtor was required to satisfy in order to qualify for a benefit, namely, a discharge of her debts. … The Su *540 preme Court has clearly stated, however, that “tolling is inappropriate when a claimant has voluntarily chosen not to protect his rights within the limitations- period.”

Owens v. State

170 Md. App. 35 · Court of Special Appeals of Maryland · Sep 7, 2006

Part B of the form provides: QUALIFIED: — I am qualified to serve as a juror and will report as instructed. — I am qualified to serve as a juror and will need an accommodation (i.e., sign language interpreter, etc.) … Clearly, Alade was not qualified to serve as a juror, because he was not a United States citizen at the time of the trial. That conclusion does not end our inquiry, however.