Case law

State Ex Rel. Parr v. Board of County Commissioners

207 Md. 91 · Court of Appeals of Maryland · Apr 20, 1955

No governmental *100 immunity is claimed by any of the parties here. … Turney, 177 Md. 297 , 9 A. 2d 561 , in qualifying the duty to keep public streets and highways in a reasonably safe condition, at pages 308 and 309: “But in Hagerstown v.

Murray v. Curlett

228 Md. 239 · Court of Appeals of Maryland · Apr 6, 1962

True, it is a case involving the separation of church and state, but we think it is clearly distinguishable from the instant case. … In that case the Court was concerned with the compulsion which required a non-believer to profess a belief in God in order to qualify for public office.

Maryland Co-Operative Milk Producers, Inc. v. Miller

170 Md. 81 · Court of Appeals of Maryland · Dec 27, 1935

handled within the State for fluid consumption wheresoever produced. * * * “(h) To require the butter fat content of milk and cream received by the distributors from producers to be determined by independent laboratories or qualified … In our opinion the principle which forbids the delegation by the General Assembly of its legislative authority is clearly applicable to the proposal by the Milk Control Act to make the practical use and effectiveness of its

Thompson v. Badgujar

District Court, D. Maryland · Aug 6, 2021

P. 34(a)(1)(A). 6 The discussion that follows does not address the Defendants’ various defenses of qualified immunity, governmental immunity, or public official immunity. … Connor clearly establishes the general proposition that use of force is contrary to the Fourth Amendment if it is excessive under objective standards of reasonableness.” Saucier v.

Keedy v. Long

5 L.R.A. 759 · Court of Appeals of Maryland · Nov 15, 1889

The contract between these parties was clearly for a definite period — a scholastic year — and not one merely at will. … The terms used in the letters quoted are sufficient to establish this, apart from any reference to the nature of the employment, and the character of the services agreed to be performed.

Press

District Court, D. Maryland · Aug 6, 2026

Thus, Press seeks to remedy a past alleged violation that is not ongoing and fails to establish that an exception to Eleventh Amendment immunity applies. … But the Court should only deny leave to amend on the ground of futility when the proposed amendment is clearly insufficient on its face. Johnson v.

Luskin's, Inc. v. Consumer Protection Division

353 Md. 335 · Court of Appeals of Maryland · Mar 22, 1999

The Sterling Drug court restated certain well-established rules. … The final order established a claims procedure for the administration of the relief ordered.

Prince George's Cty. v. Concerned Citizens

Court of Appeals of Maryland · Sep 1, 2023

Concerned Citizens has not established that CB-17 discriminates arbitrarily, either by providing examples of similarly situated properties that CB-17 treats differently or by establishing that its qualifying criteria are … Summary of Legislative History To summarize, the legislative record and various drafts of the Bill clearly establish the following.

Seymour v. A.S. Abell Co.

557 F. Supp. 951 · District Court, D. Maryland · Jan 25, 1983

DEFENDANTS’ ALLEGEDLY DEFAMATORY STATEMENTS ARE PRIVILEGED UNDER THE MARYLAND COMMON LAW QUALIFIED PRIVILEGE TO PUBLISH MATTERS INVOLVING VIOLATION OF THE LAW “It is well settled that in Maryland a newspaper enjoys a qualified … Since the allegedly defamatory statements concerned Seymour’s role in Operation Bear Trap II, they clearly related to Seymour’s official conduct.

CSX Transportation, Inc. v. Haischer

151 Md. App. 147 · Court of Special Appeals of Maryland · Apr 30, 2003

In our view the likelihood of misuse by the jury clearly outweighs the value of this evidence. … cannot be made a springboard from which a plaintiff may go forward with affirmative evidence ... of financial need and then seek immunity from cross-examination regarding it.

Frye v. Hayes

District Court, D. Maryland · Apr 22, 2025

“[A] court may take judicial notice of a document filed in another court not for the truth of the matters asserted in the other litigation, but rather to establish the fact of such litigation and related filings.” … The Petition Hayes filed was clearly a part of the judicial process and was directly related to Frye’s contact with the victim in the criminal matter. As such, Hayes is immune from suit for damages.

Kim

District Court, D. Maryland · Mar 17, 2026

, since the proposed amendments would have also been dismissed under Rule 12(b)(6) on sovereign immunity grounds). … Circuit’s well-established “policy to liberally allow amendment in keeping with the spirit of Federal Rule of Civil Procedure 15(a),” Galustian, 591 F.3d at 729.

Patterson v. Baltimore & Ohio R. R.

133 Md. 276 · Court of Appeals of Maryland · Nov 14, 1918

The general rule is that a declaration sought to-be proved must have been contemporaneous with the event established as the principal act; but in order to constitute declarations a part of the res gestae, it is not necessary … The effect of the ruling below on this question was clearly harmful to the plaintiff’s case in view of the conflict of the testimony as to how and when the fire started.

Henderson v. Claire's Stores, Inc.

607 F. Supp. 2d 725 · District Court, D. Maryland · Apr 8, 2009

Shiflett, 325 Md. 684 , 602 A.2d 1191 (1992), is established when the plaintiff shows that the defendant published the statement (1) with reckless disregard for its truth or (2) with actual knowledge of its falsity. Id. … In other words, the occurrence unfolded in the presence of strangers, and constituted what many would *733 clearly regard as a regrettable but fleeting unpleasantness.

Prince George's Cty. v. Concerned Citizens

Court of Appeals of Maryland · Aug 31, 2023

Concerned Citizens has not established that CB-17 discriminates arbitrarily, either by providing examples of similarly situated properties that CB-17 treats differently or by establishing that its qualifying criteria are … Summary of Legislative History To summarize, the legislative record and various drafts of the Bill clearly establish the following.

Dageforde v. Potomac Edison Co.

35 Md. App. 37 · Court of Special Appeals of Maryland · Feb 9, 1977

The trial judge found: “Now, the plaintiff has introduced an expert whom I found to be qualified to testify and give an opinion. … The trial court found that this had not been established to the satisfaction of the finder of fact. As there was evidence to support this finding, we cannot second guess to hold the finding clearly erroneous. Staley v.

Matter of GLS

586 F. Supp. 375 · District Court, D. Maryland · Apr 5, 1984

Because I believe that the majority’s holding establishes a procedure which conflicts with principles of law established by the Supreme Court of the United States and by the United States Court of Appeals for the Fourth Circuit … For this is a hard case, as the views of Judge Davidson and of the majority of this Court so clearly reveal.

Mitchell v. Crites

District Court, D. Maryland · Jul 13, 2021

Hogan, 443 F.Supp.3d 612, 632 (D.Md. 6 Crites also argues that he is entitled to qualified immunity. … Because the Court concludes that Mitchell’s constitutional claims are subject to dismissal on the merits, the Court need not consider Crites’ qualified immunity defense. 2020).

Townsend v. Connell

District Court, D. Maryland · Aug 8, 2023

Townsend’s claims; and (3) Defendants are entitled to qualified immunity. 1. … Qualified Immunity Finally, Defendants assert that they are entitled to qualified immunity from the claims in this case.

Lyles v. Digges's Lessee

6 H. & J. 364 · Court of Appeals of Maryland · Jun 15, 1824

the same gift or conveyatice an pstate.is limited either mediately or immediately to his heirs, in fee; or in tail, the word Heirs is a word of limitation of the estate; and riot a word of purchase,55 which as a known and established … This he has not done, and his avoiding to do it, clearly shows what his intention was.