Case law

Walko Corp. v. Burger Chef Systems, Inc.

281 Md. 207 · Court of Appeals of Maryland · Oct 24, 1977

established by judicial authority.” … In addition, the policy considerations on which our established rule is founded weigh heavily against any departure in this case.

Burton v. Artery Company

279 Md. 94 · Court of Appeals of Maryland · Jan 6, 1977

Bryan, 5 Md. 141 (1853), which he said “established the law in Maryland to be that a parol sale of growing timber is not within the fourth section of the Statute of Frauds ....” … The answer is clearly provided in § 2-709 relative to an action for the price.

Robinson v. Washington County Board of Education

District Court, D. Maryland · Mar 14, 2023

immunity. … Moreover, despite Robinson’s request to move A.T. to another class, 16 Because I conclude that the individual defendants were sued only in their official capacities, I need not reach the defense of qualified immunity

Watson v. State

68 Md. App. 168 · Court of Special Appeals of Maryland · Nov 10, 1986

If the elements of the crime as established by the foreign jurisdiction are sufficiently limited to those elements by which the crime is established in this State, it qualifies as a violent crime under our statute. … This includes the felony of manslaughter, even involuntary manslaughter, which clearly appears not to fit the definition of infamous crime and the inclusion of which strains the rationale for the classification of all felonies

Mattison

District Court, D. Maryland · Oct 29, 2025

“The burden of establishing subject matter jurisdiction is on . . . the party asserting jurisdiction.” Robb Evans & Assocs., LLC v. Holibaugh, 609 F.3d 359, 362 (4th Cir. 2010). … Considering only those post-settlement facts, the second amended complaint does not clearly allege, among other things, what adverse actions were allegedly taken against Mr.

Glenn v. Davis

35 Md. 208 · Court of Appeals of Maryland · Feb 15, 1872

. *213 We consider it very clearly established by the evidence of the surveyors, and the plats showing by actual measurement the location of the lots described in the deeds from Waesche to Boehm and to Sweetser, that the … Its effect, if it operates to bind the appellees, would be to change the rights and to limit and qualify the title of the reversion. We have found no authority to warrant us in giving to it this effect.

Talley v. Anne Arundel County, Maryland

District Court, D. Maryland · Sep 11, 2023

Qualified Immunity Defendants argue that Cpl. DiPietro and Sgt. Harding are protected from state and federal claims by qualified immunity. (ECF No. 49-1 at 11.) … “[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” Dist.

Richards v. Richards

166 Md. App. 263 · Court of Special Appeals of Maryland · Dec 22, 2005

She certainly qualifies for alimony if you just apply the principles of income and expense. … This account being the one established after (1) Mrs. Goldberg’s death and (2) the establishment of Mrs. Goldberg’s consolidated Schwab account.

Turner v. Human Genome Sciences, Inc.

292 F. Supp. 2d 738 · District Court, D. Maryland · Nov 7, 2003

In other words, if there clearly exist factual issues “that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party,” then summary judgment is inappropriate. … Thus, unsworn statements or expert reports do not qualify as affidavits and are not proper for consideration by the court when ruling on a motion for summary judgment. See Solis v.

Bomas v. State

181 Md. App. 204 · Court of Special Appeals of Maryland · Sep 5, 2008

. *208 Discussion Appellant contends that the circuit court “erred in failing to permit” him to “offer[ ] the opinions of a qualified expert, Dr. … The Brownlee Court noted that "while science has firmly established the 'inherent unreliability of human perception and memory, ’ " id., at 142 (quoting Rudolf Koch, Note, Process v.

In Re Barton

273 Md. 377 · Court of Appeals of Maryland · Dec 19, 1974

This Court has clearly stated that misappropriation of a client’s funds, even if no criminal conviction results, must be considered to be an offense of the utmost gravity. Bar Association of Baltimore City v. … This effort is not sufficient to qualify him to be licensed to practice law. Compare the activities of the petitioner in Braverman, supra, 271 Md. at 198-199.

Zielian v. Baltimore Plant Ice Co.

115 Md. 658 · Court of Appeals of Maryland · Apr 19, 1911

On the 25th day of March, 1908, the appellant upon application of certain creditors. was appointed sole receiver of the Baltimore Plate Ice Company, and duly qualified as such. … It was not conclusive as to his liability without further proceedings, and without an opportunity to defend, and this liability was clearly denied by the answer.

National Prime Users Group, Inc. v. United States

667 F. Supp. 250 · District Court, D. Maryland · Aug 13, 1987

Treas.Reg. § 1.501(c)(6)-l, 26 C.F.R. § 1.501 (c)(6)-l (1978) sets forth the necessary requirements to qualify as a tax exempt business league. … Clearly, NPUG’s activities advance the interests of Prime and fail to bestow a benefit upon either an entire industry or all components of an industry within a geographic area as those terms have been interpreted by the Commissioner

Associated Utility Contractors of Maryland, Inc. v. Mayor of Baltimore

218 F. Supp. 2d 749 · District Court, D. Maryland · Sep 9, 2002

It clearly could not have produced data upon which the City actually relied in establishing the set-aside goals for 1999. Id. at 621-22 (citations, internal quotations, and footnotes omitted). … Significantly, for example, Ordinance 00-98 provides that no minority or women’s business enterprise goal will be established for some contracts, and specifically provides that if at least two qualified MWBEs are not available

(1996)

81 Op. Att'y Gen. 3 · Maryland Attorney General Reports · May 2, 1996

Moreover, a master is protected by judicial immunity. See Tucker v. Woolery , 99 Md. App. 295 , 637 A.2d 482 , cert. granted , 335 Md. 225 , cert. dismissed as improvidently granted , 336 Md. 280 (1994). … With respect to the fifth criterion, the work performed by the master is clearly part of the "regular business" of the "employer" — the court.

Bahn v. Chicago Motor Club Insurance

98 Md. App. 559 · Court of Special Appeals of Maryland · Dec 10, 1993

Thus, these cases clearly establish that a single insurance contract, when it forms the basis of the cause of action, can provide sufficient contacts for assertion of jurisdiction over an out-of-state defendant, with no other … These contacts clearly indicate that C.M.C.

Murray v. United Food & Commercial Workers Union, Local 400

229 F. Supp. 2d 465 · District Court, D. Maryland · Oct 31, 2002

replaced by a similarly qualified person outside the class (or the position remains open). … In light of my rulings on the defamation claim, I need not decide whether the communication to VanNess falls within the scope of the qualified immunity governing employer-employee relations.

Maloof v. DEPT. of ENVIRONMENT

136 Md. App. 682 · Court of Special Appeals of Maryland · Feb 28, 2001

COMAR 26.04.07.11(C) establishes minimum operating procedures for land-clearing debris landfills. … The Court said that “a qualifying clause ... is confined to the immediately preceding words or phrase-particularly in the absence of a comma before the qualifying clause ...” Id.

Escobar

District Court, D. Maryland · Mar 27, 2026

They contend that, if the complaint is not dismissed under Rule 12(b)(1), it should be dismissed under Rule 12(b)(6) on qualified immunity grounds. Id. at 13–15. II. … A separate order follows. 5 As the Court is dismissing the case on standing and mootness grounds, it need not consider Defendants’ remaining arguments regarding sovereign and qualified immunity

State v. Raines

383 Md. 1 · Court of Appeals of Maryland · Aug 26, 2004

Appellee argues that the collection of DNA samples from all persons convicted of a qualifying crime, when the qualifying crime was committed prior to the effective date of the Act, violates the relevant ex post facto clauses … (e) Contract with DNA laboratoryThe Director may contract with a qualified DNA laboratory to complete DNA typing analyses if the laboratory meets the guidelines established by the Diredor.