Case law

Maddox v. Maddox

174 Md. 470 · Court of Appeals of Maryland · May 19, 1938

She, also, .stated circumstances which tended to establish that the grandmother had prevented the children from going. … In his oral opinion in this matter, the chancellor clearly expresses his judgment that the circumstances do not admit of a satisfactory disposition.

Jackson v. Wolfe

District Court, D. Maryland · Feb 18, 2025

failed to establish constitutional violations by Defendants, and Defendants are entitled to qualified immunity. … Maddox United States District Judge 4 Because Defendants’ Motion succeeds on the stated grounds, the Court need not address their qualified immunity argument

Hanrahan v. Mayor of Baltimore City

114 Md. 517 · Court of Appeals of Maryland · Jan 13, 1911

The witness had qualified as an expert in digging sewer trenches and in the use of lagging in such work, and the question was a proper one for the information of the jury in reaching their conclusion as to the use of due … lawful authority inflict injury in the manner of executing authority, as by unskillfulness or negligence, he is liable for the consequences.” *532 These cases will suffice to show that a municipal corporation has no greater immunity

Potts v. Potts

142 Md. App. 448 · Court of Special Appeals of Maryland · Feb 1, 2002

It would thus be virtually impossible for this Court to fashion a QDRO on the basis of the clearly inadequate factual and legal record in this case. … (C) A domestic relations order meets the requirements of this subparagraph only if such order clearly specifies— (i) the name and the last known mailing address (if any) of the participant and the name and mailing address

Deloso v. State

37 Md. App. 101 · Court of Special Appeals of Maryland · Jul 15, 1977

While it may be subsequent to it, it must be established that the exciting influence has not lost its sway or been dissipated by meditation. Harnish v. State, 9 Md. App. 546, 551 . … It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.

Ellicott City Cable, LLC v. Axis Insurance Co.

196 F. Supp. 3d 577 · District Court, D. Maryland · Jul 22, 2016

If the underlying claims are clearly covered by the insurance policy, then the insurer is obligated to defend the insured. Id. … An insured, however, may use extrinsic evidence to establish the potentiality of coverage. Id. at 866; see also Walk v. Hartford Cas. Ins.

Burnett v. Maryland Department of Labor(DLLR)

District Court, D. Maryland · Sep 24, 2025

Eleventh Amendment Immunity Defendant argues that it is immune from this suit under the Eleventh Amendment to the U.S. Constitution. … Plaintiff cites no legal authority establishing any applicable consent to Plaintiff’s suit by the DLLR or the Maryland state government.

Lane v. Nationwide Mutual Insurance

321 Md. 165 · Court of Appeals of Maryland · Dec 3, 1990

Moreover, we have held, in accordance with the great majority of jurisdictions in this country, that an action *170 by an insured against his own insurance company for uninsured motorist benefits “is clearly a contract action … of other insurance. — Policies of insurance that have as their primary purpose to provide coverage in excess of other valid and collectible insurance or qualified self insurance may include uninsured motorist coverage as

Comptroller of the State v. Klein

215 Md. 427 · Court of Appeals of Maryland · Sep 1, 1989

Nor am I willing to concede that such decisions have established no clear weight of' authority. … Applying the definition of “his” in the majority opinion, the decision in the Wyrick case, supra, was clearly right.

Robinson v. State

17 Md. App. 451 · Court of Special Appeals of Maryland · Apr 6, 1973

Although every unauthorized use not amounting to an Unauthorized Use may not establish the element of a trespassory taking, hearsay (even twice compounded) may. Thus the conviction of the appellant, Edward J. … Anderson was not to permit the vehicle to be operated by any person who was not a qualified licensed driver and who was not furthermore a member of his immediate family or his employee.

Varga v. United States

467 F. Supp. 1113 · District Court, D. Maryland · Apr 5, 1979

The statute clearly does not allow an exemption based solely upon an individual belief, albeit a conscientious and sincerely held one. *1117 The legislative history of § 1402(g) conclusively demonstrates that Congress did … This provision provided assurance that those qualifying for the exemption would be otherwise provided for in the event of their dependency.

Cosgrove v. Comptroller of Md.

Court of Special Appeals of Maryland · Aug 29, 2024

A taxpayer qualifies for the FEIE if the taxpayer is an individual “whose tax home is in a foreign country” and is either “a citizen of the United States and establishes . . . that [the taxpayer] has been a bona fide resident … The Tax Court stated that this exception “applies when ‘the urgency of establishing a rule of future conduct in matters of important public concern is imperative and manifest.’” The Tax Court cited Lloyd v.

Doe v. Lally

467 F. Supp. 1339 · District Court, D. Maryland · Mar 5, 1979

Bensinger, [ 522 F.2d 720 ] supra, recklessness under Section 1983 comprehends only an objective standard: whether the conduct is with “such disregard of the [plaintiff’s] clearly established constitutional rights that [the … Such cases must obviously be treated on an individual basis; however, with the duties now clearly spelled out, the likelihood of a good faith or immunity defense prevailing has substantially diminished.

Stevens v. City of Salisbury

240 Md. 556 · Court of Appeals of Maryland · Dec 8, 1965

City of Baltimore, 206 Md. 89 , we think that certain portions of § 42 are immune from constitutional attack. *567 It is an accurate statement to say that every restriction upon the use and enjoyment of property is a "taking … A similar assumption is made in the decisions upon the Fourteenth Amendment. * * * When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the

Legg v. Mayor of Annapolis

42 Md. 203 · Court of Appeals of Maryland · Mar 12, 1875

and indubitably established by competent evidence, it follows that the Act is a nullity, and the Court would have so to declare it. 2. … Peach, 2 Salk., 572, a dissenting minister, being qualified to preach under the toleration Act, and being illegally convicted for the exercise of his right, and supposing that he would be further prevented from exercising

Palmer v. State

215 Md. 142 · Court of Appeals of Maryland · Dec 19, 1957

He does assert, however, that the language immediately following is clearly inapplicable to him and that hence he is not a defective delinquent. … Edgar James Smith, Associate Director of the Patuxent Institution and a qualified psychiatrist, who had examined Palmer, which report is signed by Dr. Harold N.

Jackson v. State of Maryland

171 F. Supp. 2d 532 · District Court, D. Maryland · Oct 16, 2001

In order to establish a prima facie case of failure to promote, Plaintiff must show that: (1) she is a member of a protected group; (2) she sought the position in question; (3) she was qualified; (4) she was rejected under … Nonetheless, Plaintiff has failed to establish a prima facie case of failure to promote. She has not established that she was qualified for the position of R.S. IV.

Jump v. Barnes

139 Md. 101 · Court of Appeals of Maryland · Jun 28, 1921

. * * *” The appellant concedes the case to he one of qualified privilege, but insists that it should have been submitted to the jury. … Ham, 132 Md. 701 , Judge Constable delivered the opinions *110 and cited many authorities, stating the conclusions reached clearly and succinctly.

Maryland Transit Administration v. National Railroad Passenger Corp.

372 F. Supp. 2d 478 · District Court, D. Maryland · Jun 6, 2005

The parties said it clearly within the four corners of the document presented to this panel as the basis for its decision. … See In re Pegasus Gold Corp., 394 F.3d 1189, 1195 (9th Cir.2005) ("[Sovereign] immunity is not absolute, however, and ‘a State may waive its sovereign immunity by consenting to suit. Coll. Sav. Bank v. Fla.

University of Maryland Medical System Corp. v. Malory

143 Md. App. 327 · Court of Special Appeals of Maryland · Oct 31, 2001

In a wrongful death action, a plaintiff is clearly complaining of the death of the victim. … They argue that this outbreak, clearly out of their control, is the reason Dr. deArmas’s deposition was admissible.