Case law

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  • 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.

    Cited 41 timesPublished
  • Garner v. State

    183 Md. App. 122 · Court of Special Appeals of Maryland · Dec 1, 2008

    not so qualify. … Other evidence established that Fields’s nickname was “Sat Dogg.”

    Cited 18 timesPublished
  • 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.

    Cited 12 timesPublished
  • Henry v. National Ass'n of Air Traffic Specialists, Inc.

    836 F. Supp. 1204 · District Court, D. Maryland · Oct 27, 1993

    Under Potomac Valve, the statements can still qualify as protected opinion if any one of the these three criteria is satisfied. … Thus, the four statements in Exhibit D do not qualify as protected opinion under the first Oilman factor.

    Cited 13 timesPublished
  • 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.

    Cited 0 timesPublished
  • 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.

    Cited 30 timesPublished
  • F.A.C.E. Trading, Inc. v. Todd

    393 Md. 364 · Court of Appeals of Maryland · Jul 27, 2006

    Accordingly, the element of consideration is present as applied to some, and for that reason the game qualifies as an illegal lottery.” … The purchaser could not, at the retail establishment, pay to obtain just bottle caps for the purpose of trying to win cash prizes.

    Cited 6 timesPublished
  • Robinson v. State

    151 Md. App. 384 · Court of Special Appeals of Maryland · Jun 25, 2003

    The statute clearly provides that if the DNA testing meets the standard requirements of the TWGDAM or the DNA Advisory Board, the evidence is admissible. … We perceive no error by the trial court in denying Robinson’s request for a hearing to determine what the letter so clearly documented. IV.

    Cited 5 timesPublished
  • 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)

    Cited 67 timesPublished
  • Tangires v. Johns Hopkins Hospital

    79 F. Supp. 2d 587 · District Court, D. Maryland · Jan 10, 2000

    Assuming that plaintiff were able to prove that she is a qualified individual with a disability, she would still be required to produce evidence establishing that defendant’s denials of reasonable accommodations in September … Clearly, no adverse employment action was taken by defendant when it refused to create a brand new position for plaintiff.

    Cited 34 timesPublished
  • 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.

    Cited 1 timesPublished
  • Shields v. Prince George's County, Maryland

    District Court, D. Maryland · Aug 2, 2019

    In ruling on a defense of qualified immunity, a court must (1) identify “the specific right allegedly violated,” (2) determine “whether at the time of the alleged violation the right was clearly established,” and (3) if … established law, it may be that the qualified immunity question cannot be resolved” without weighing the evidence at trial.

    Cited 0 timesUnknown
  • 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.

    Cited 4 timesPublished
  • Vance v. Vance

    286 Md. 490 · Court of Appeals of Maryland · Jan 9, 1980

    Vance’s negligent misrepresentation of his marital status in 1956 was established to the jury’s satisfaction. … We have recognized that a medical witness is ordinarily the only witness qualified to diagnose a physical ailment. Galusca v. Dodd, 189 Md. 666, 668-69 , 57 A.2d 313 (1948).

    Cited 79 timesPublished
  • Davis v. Baltimore Hebrew Congregation

    985 F. Supp. 2d 701 · District Court, D. Maryland · Nov 27, 2013

    To establish a prima facie case of disparate treatment based on discriminatory discharge under the ADA, a plaintiff must show that (1) he was a qualified individual with a disability; (2) he was discharged; (3) he was fulfilling … To establish a prima facie failure to accommodate claim, a plaintiff must show that: (1) he was a qualified individual with a disability; (2) the employer had notice of his disability; (3) with the reasonable accommodation

    Cited 14 timesPublished
  • Caire v. Conifer Value Based Care, LLC

    982 F. Supp. 2d 582 · District Court, D. Maryland · Nov 8, 2013

    However, InforMed is not clearly bound in this case. … Thus, the employer’s mere knowledge of his disability is inadequate by itself to establish the required causal connection for termination more than a year later. See Sharma v. Howard Cnty., No.

    Cited 48 timesPublished
  • 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.

    Cited 15 timesPublished
  • Jones v. State

    138 Md. App. 12 · Court of Special Appeals of Maryland · Apr 5, 2001

    The evidence was clearly sufficient to sustain appellant’s convictions. *19 II. … Rather, it concerns the manner in which states are required to establish the existence of bias. *26 Almendarez-Torres v.

    Cited 9 timesPublished
  • Reid v. Balt. Ambulatory Center

    Court of Special Appeals of Maryland · Feb 27, 2026

    Krasnow was qualified to testify about the standard of care applicable to Dr. Khan. … McAlary indicated that he disagreed with BACE’s policies and that they were not correct, he was clearly indicating that they breached the standard of care[.]”

    Cited 0 timesPublished
  • Freeman v. State

    487 Md. 420 · Court of Appeals of Maryland · Jul 16, 2024

    Tellingly, as to each of the above examples of a word having both an everyday meaning and a well-established slang meaning, the Merriam-Webster dictionary includes definitions that encompass both such meanings. … Our holdings in Johnson and Galicia firmly establish the point that where a witness renders an opinion based on specialized knowledge, training, or experience, the witness must be qualified as an expert to do so.

    Cited 2 timesPublished

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