Case law

Public Indemnity Co. v. Page

161 Md. 239 · Court of Appeals of Maryland · Oct 29, 1931

. & J. 205 , “The government of the State is established for the good of the whole, and can only be supported by means of its revenue; which revenue the good of the whole requires to- be protected. … But it is properly urged that a statute should not be construed as restricting any of the State’s rights or remedies unless such a purpose is clearly indicated.

State v. Carter

200 Md. 255 · Court of Appeals of Maryland · Oct 18, 2001

The indictment in this case is captioned: “Malfeasance in Office”, but as the Court of Appeals of Georgia has well said in a similar situation: “* * * it is well established by numerous decisions of the Supreme Court and … The defendants are clearly informed that they are jointly charged with taking im *268 proper bail bonds from certain persons in violation of their duties.

Vodi

District Court, D. Maryland · Mar 31, 2026

“It is well established that the University is considered to be an arm of the State Government for the purposes of the sovereign immunity doctrine.” Magnetti, 402 Md. at 557; see also Md. … Rose, 192 F.3d 462, 472 (4th Cir. 1999) (collecting cases holding “that Title VII does not provide a remedy against individual defendants who do not qualify as ‘employers’”); Birkbeck v.

Medlock v. Rumsfeld

336 F. Supp. 2d 452 · District Court, D. Maryland · Apr 4, 2003

C, D, they do not begin to establish that Plaintiff was more qualified for the Band 2 promotion than the four candidates who were selected. … This affidavit is clearly overdue.

Tyrone W. v. DANIELLE R.

129 Md. App. 260 · Court of Special Appeals of Maryland · Dec 3, 1999

Were the trial court’s findings of waiver and lack of ordinary diligence legally incorrect and/or clearly erroneous? DISCUSSION I. … Assembly was empowered to enact legislation that would enable courts to vacate previously enrolled erroneous judgments of paternity and that retroactive operation of F.L. § 5-1038(a) does not impair a vested right that is immune

Venugopal v. Shire Laboratories

334 F. Supp. 2d 835 · District Court, D. Maryland · Aug 26, 2004

Ginski was more qualified than Venugopal. … “In a failure to promote case, the plaintiff must establish that she was the better qualified candidate for the position sought.” Evans, 80 F.3d at 960 (citing Gairola v. Virginia Dept. of Gen.

1986 Mercedes Benz 560 Ce Vin: WDBCA45DGA211147 v. State

334 Md. 264 · Court of Appeals of Maryland · Mar 28, 1994

Clearly, therefore, neither party addressed the use of the Mercedes Benz as section 297(b)(4) would have required. … Corporal Leadbeter, qualified as an expert, opined that possession of the latter two items 13 was *281 consistent with the distribution of cocaine.

Nesbitt v. Fallon

203 Md. 534 · Court of Appeals of Maryland · Jan 11, 1954

It further prescribed the qualifications of such appointees, and declared that they shall hold office for two years and until their successors are appointed and qualified. … Hill, 178 Md. 280 , at page 283, as follows: “It is well established that a position is held to be a public office when it has been created by law and casts upon the incumbent duties which are continuing in their nature and

Kirstel v. State

13 Md. App. 482 · Court of Special Appeals of Maryland · Dec 1, 1971

To this end administration staff and personnel of such an institution may demand of any person desiring to use or come upon the premises identification and evidence that he qualifies for use of the premises. … The act forbidden — not leaving after being requested — is precise, clearly expressed and delineated.

State v. Petrushansky

183 Md. 67 · Court of Appeals of Maryland · Mar 23, 1944

There is, of course, a well known rule that where there are two possible constructions, and one of them makes a statute of doubtful constitutionality, courts will adopt that view of the enactment which establishes it free … In our view of these cases, however, we do not have to invoke this rule, because we think the obvious purposes of the law and the method Of its adoption show clearly its meaning and intent.

Moise v. McAllister

District Court, D. Maryland · Sep 22, 2022

6); (3) Defendants are entitled to qualified immunity (id. at 9); and (4) Moise has failed to state a claim upon which relief may be granted. … immunity, is not necessary.

McGraw v. Board of Educ. of Montgomery County

952 F. Supp. 248 · District Court, D. Maryland · Jan 23, 1997

Furthermore, this ease clearly falls outside the exceptions to the exhaustion requirement. … Indeed, § 504 regulations expressly require that each recipient of federal funds (including the school system itself) establish a self-evaluation program, with grievance proceedings that are appealable directly to the federal

Maness v. Sawyer

180 Md. App. 295 · Court of Special Appeals of Maryland · Jun 19, 2008

Thus far in the residential saga, there was obviously no property that would remotely qualify as the “family home.” … The Maryland General Assembly clearly did not intend that they should be dispossessed. *308 Throughout the entire 19-month period, it was clearly the intention of both the Wife and the Husband to be domiciled at 449 Alfreton

Wright v. Weinberger

391 F. Supp. 390 · District Court, D. Maryland · Jan 17, 1975

The initial denial in Anderson was clearly unsupported by the medical evidenee; Anderson was under severe restrictions on physical activity. … In the instant case, the medical evidence indicates that restrictions on lifting were imposed upon plaintiff, sucli restrictions not clearly being inconsistent with a no-disability finding. 6 .

Tillinghast v. Lamp

168 Md. 34 · Court of Appeals of Maryland · Jan 16, 1935

That statement by a disinterested witness was improperly stricken out, but, since it was clearly admissible, it must be accepted as a part of the evidence. … as executor under the will, his act in so qualifying is not, in and by itself, sufficient to establish an election to take under the will, but may be considered in connection with other facts and circumstances, as evidence

President of Georgetown College v. Madden

505 F. Supp. 557 · District Court, D. Maryland · Sep 24, 1980

The section if conceived of as a grant of immunity, avoids these anomalies. … Other states have characterized such statutes as grants of immunity 29 . Immunity from suit is substantive law for choice of law purposes. See LaChance v.

Purnell v. Maryland

330 F. Supp. 2d 551 · District Court, D. Maryland · Mar 18, 2004

Aikens, 460 U.S. 711, 717, 103 S.Ct. 1478 , 75 L.Ed.2d 403 (1983) (stating that to establish that she was qualified for the position, the employee is not required to show that she was the most qualified applicant or as qualified … Purnell’s attempt to raise a discriminatory inference based upon the reclassification of Taylor, a Caucasian employee similarly situated to Purnell, clearly is insufficient.

(2003)

88 Op. Att'y Gen. 120 · Maryland Attorney General Reports · Aug 29, 2003

Homeland Security Act of 2002 Section 304 of the Homeland Security Act of 2002 established certain liability protections in connection with authorized "countermeasures" against smallpox. … The voluntary vaccination of public safety personnel to enable State and local government agencies to prepare for and respond to a bioterrorist incident clearly benefits the employer of those workers.

DRD Pool Service, Inc. v. Freed

416 Md. 46 · Court of Appeals of Maryland · Sep 24, 2010

First, this Court may strike down a decision that is, “clearly wrong and contrary to established principles.” Adams, 406 Md. at 259 , 958 A.2d at 307 (quoting Townsend v. … Unlike Townsend , there has been no evidence or persuasive arguments put forth that our decision in Murphy was clearly wrong or contrary to established principles.

Diehl v. State

294 Md. 466 · Court of Appeals of Maryland · Oct 13, 1982

Diehl’s speech also cannot qualify as a loud and unseemly noise under the first proscription. … Although evidence indicates that Diehl uttered one swear word, the statute clearly states that not all such words are proscribed. Only words that also qualify as profane are prohibited.