Case law

Tapscott v. State

106 Md. App. 109 · Court of Special Appeals of Maryland · Aug 31, 1995

Two experts’ testimony established the blood relationship. … Consequently, the evidence clearly established good cause for the continuance beyond the 180 day deadline, and there was no error in the short delay once the critical time limit passed.

Weathersbee v. Baltimore City Fire Department

970 F. Supp. 2d 418 · District Court, D. Maryland · Sep 10, 2013

An individual person can only be liable under Title VII if that person qualifies as an “employer” within the meaning of the statute. See Lissau v. … to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States.

Richardson v. Snow

340 F. Supp. 1261 · District Court, D. Maryland · Apr 5, 1972

not be liable in an action brought under the Civil Rights Act, 42 U.S.C. § 1983 , unless he directly and personally participates in conduct under color of state law which deprives the plaintiff of rights, privileges, and immunities … In those cases, however, on the facts it was clear that there either was probable cause in the constitutional sense (which would make the distinction academic) or the defendant police officer clearly did not have reasonable

Mayers v. Washington Adventist Hospital

131 F. Supp. 2d 743 · District Court, D. Maryland · Feb 27, 2001

Therefore, as a preliminary matter, Plain *749 tiff must advance a qualifying disability that would entitle her to the ADA’s protections. … Defendants’ employment policy clearly stated that absenteeism in excess of 3% was considered excessive.

Harms v. Federal Housing Administration

256 F. Supp. 757 · District Court, D. Maryland · Jun 14, 1966

Diversity of citizenship is not alleged, and the testimony clearly showed that diversity does not exist. … This section does not give jurisdiction but merely waives sovereign immunity as a defense to a suit against the Commissioner. See Larson v.

Davidson v. Seneca Crossing Section II Homeowner's Ass'n

187 Md. App. 601 · Court of Special Appeals of Maryland · Aug 31, 2009

The evidence clearly evinced more than the mere loud and boisterous conduct that appellant claims. … Did the lower Court clearly err and/or abuse its discretion in granting a conditional or qualified privilege to certain written and oral communications by members of Appellee IIOA's Board of Directors? 3.

Department of Economic & Employment Development v. Lilley

106 Md. App. 744 · Court of Special Appeals of Maryland · Nov 3, 1995

Established by legislative bodies, administrative agencies derive their power from enabling statutes that govern them. … Such a result would clearly contravene Title 8’s directive to construe the provisions of unemployment insurance law liberally in order to prevent disqualifications.

Abell Found. v. Baltimore Dev. Corp.

Court of Special Appeals of Maryland · Aug 2, 2024

The court held that the documents at issue “clearly” met the standard announced in Argus Leader. … Abell suggests that because the City bore the burden of establishing that the memorandums qualified for the privilege, the court erred in granting summary judgment in the City’s favor.

State v. Benjamin F. Bennett Building Co.

154 Md. 159 · Court of Appeals of Maryland · Jan 11, 1928

of tbe subcontractor upon tbe piece of work wbicb tbe principal contractor has agreed to perform that forms tbe basis of tbe statutory relation between tbe workman and tbe principal contractor, and, altbougb it does not establish … If an employer is wdthin the act to bear its liabilities, he must remain to be accorded its immunities, in the absence of a clearly expressed legislative intention to the contrary.

Coleman v. Soccer Ass'n

432 Md. 679 · Court of Appeals of Maryland · Jul 9, 2013

wrong and contrary to established principles,” Tracey, 427 Md. at 659 , 50 A.3d at 1093 (quoting State v. … In my estimation, this qualifies certainly as a significant change warranting reconsideration of Harrison . Although I recognize certainly the value of the doctrine of stare decisis, see, e.g., Unger v.

DeLeon v. State

102 Md. App. 58 · Court of Special Appeals of Maryland · Oct 26, 1994

qualify for enhanced punishment. … Three qualifying prior convictions for crimes of violence were proved against him.

Wonasue v. University of Maryland Alumni Ass'n

984 F. Supp. 2d 480 · District Court, D. Maryland · Nov 22, 2013

Corp., 50 F.3d 1261, 1264-65 (4th Cir.1995) (“In order to establish a violation of either [the Rehabilitation Act or the ADA], a plaintiff must prove: (1) that he has a disability; (2) that he is otherwise qualified for the … Networks Presentations LLC, 375 F.3d 266 , 273 n. 9 (4th Cir.2004) (“To establish a prima facie wrongful discharge claim under the ADA, a plaintiff must show that (1) [he] was a qualified individual with a disability; (2)

Carter v. State

143 Md. App. 670 · Court of Special Appeals of Maryland · Apr 3, 2002

An anonymous call that might not be reliable enough to establish probable cause might nonetheless be reliable enough to establish reasonable suspicion. … There clearly was in this case rea *682 sonable suspicion, under Terry, to stop the van and to make further inquiry. D.

Conaway v. Deane

401 Md. 219 · Court of Appeals of Maryland · Sep 18, 2007

Nor does Lawrence establish as deeply rooted the right to same-sex marriage. … Kraemer, 334 U.S. 1 , 68 S.Ct. 836 , 92 L.Ed. 1161 (1948), clearly are distinguishable from the present case.

Rachelson v. Secretary, U.S. Department of Health & Human Services

834 F. Supp. 879 · District Court, D. Maryland · Sep 30, 1993

Plaintiff alleges that the woman hired is less qualified for the job than he. … His citation to this ease in inappropriate because he fails to even establish a prima facie case of discrimination.

Turkey Point Property Owners' Ass'n v. Anderson

106 Md. App. 710 · Court of Special Appeals of Maryland · Nov 2, 1995

It argues, in essence, that —the evidence before the Board of Appeals failed to establish the prerequisites for rezoning the .74 acre portion of the property, —the evidence before the Board of Appeals failed to establish … The legislature clearly could have—but did not—create an exception for situations such as this had it so desired.

Silver Hill Station Ltd. Partnership v. HSA/Wexford Bancgroup, LLC

158 F. Supp. 2d 631 · District Court, D. Maryland · Aug 21, 2001

qualified for a $41,400 loan. … By late July 1999, however, when it had its lawyer write to Wexford implying, if not outright suggesting, that a lawsuit was imminent, Siena was clearly more disposed to clash than close.

In Re Application of Mark W.

303 Md. 1 · Court of Appeals of Maryland · Apr 26, 1985

.” *4 Rule 14 g places “[t]he burden ... on the petitioner to establish his qualifications for admission under ... … He was held qualified.

Mass Transit Administration v. CSX Transportation, Inc.

349 Md. 299 · Court of Appeals of Maryland · Apr 15, 1998

On-track equipment [OTE] operators must be examined and qualified on the Operating Rules or they must be working under the immediate (on-the-job) supervision of a person who has been examined and qualified on these rules. … When other than CSX on-track equipment is being operated on CSX track, a qualified employee must accompany and direct such equipment.

Coalition for Open Doors v. Annapolis Lodge No. 622

333 Md. 359 · Court of Appeals of Maryland · Jan 12, 1994

The two women intervenors in the present case are interested in upholding the ordinance, and they clearly have the requisite standing. See Burning Tree Club v. … Subsection (e), however, states as follows: “(e) The provisions of this section shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishments