Case law

Couret-Rios v. Fire & Police Emp. Ret. Sys.

468 Md. 508 · Court of Appeals of Maryland · May 1, 2020

Through the rules established by the statute and the procedures established by the Board of Trustees, the Retirement System pursues the goals of providing life-long benefits to retired and disabled Members and ensures that … The hearing examiner clearly understood that “physical incapacity” was a prerequisite for LOD benefits, as she cited Kielczewski for that proposition in her decision.

Tyler v. Campbell

District Court, D. Maryland · Sep 4, 2025

argument that they didn’t violate clearly established constitutional rights of plaintiff.” … Defendants’ arguments regarding the statute of limitations and qualified immunity need not be addressed as their motion is being granted on other grounds. 15

Ngala v. Chevy Chase Bank, F.S.B.

945 F. Supp. 869 · District Court, D. Maryland · Oct 23, 1996

In order to establish a prima facie case of race discrimination, Plaintiff must show by a preponderance of the evidence that: (1) he belongs to a protected class; (2) he applied for an available position; (3) he was qualified … McCreary and Fryman were better qualified than Plaintiff. Defendant’s Memo in Supp. at 5-7, 1-12.

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.

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.

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.

Crandall v. Crandall

14 Md. App. 476 · Court of Special Appeals of Maryland · Feb 15, 1972

The testimony at the hearing for modification established that the appellant is a retired naval captain, with a gross monthly pension of $778.51. 1 Prior to March 24, 1971, he had been employed at a salary of $12,500.00 per … The appellee is attending a university in the District of Columbia in order to qualify “for a teaching position.” She states she had been “looking for a job.”

Clarke v. CLARKE, TRUSTEE

222 Md. 153 · Court of Appeals of Maryland · Mar 28, 1960

herein with somewhat of a shock, 1 as it completely overrules a long line of previous decisions of this Court and adopts the rule stated in Restatement, Property, 303 (1), which is diametrically opposed to the Maryland rule established … It will be noticed the principle by this time had become *172 so firmly established, the Court refers to it as a rule of law. Requardt v.

Creative Country Day School of Sandy Spring, Inc. v. Montgomery County Board of Appeals

242 Md. 552 · Court of Appeals of Maryland · May 27, 1966

On the contrary, private schools are permitted in the same zoning district as the public school by way of special exception to be granted by the Board if the applicant for the permit to establish the private school establishes … parochial school, than would be the case in the establishment of private schools other tiran parochial schools.

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

Cahen v. Jarrett

42 Md. 571 · Court of Appeals of Maryland · Jun 8, 1875

And in this State, the same Legislature that passed the Act now under consideration, passed a local Act conditioned for its effect and operation upon the sense of the' qualified voters of the particular counties or districts … It was clearly not intended by the Legislature that there should be a'n indiscriminate refusal of recommendations for licenses.

Scheffenacker v. Hoopes

113 Md. 111 · Court of Appeals of Maryland · Apr 1, 1910

The plaintiff’s expression of dissatisfaction with the defendant’s proposal could not qualify the effect of his actual use of the check and appropriation of the defendant’s money through its certification, in view of the … This principle is clearly stated and numerous cases in its support are collected in 1 Cyc. 333. The cases of Prudential Ins. Co. v. Cottingham, 103 Md. 319 , and Day v. McLea, 58 L. J. Q.

Integrated Consulting Services, Inc. v. LDDS Communications, Inc.

996 F. Supp. 470 · District Court, D. Maryland · Jan 30, 1998

A similar showing is required to establish agency by estoppel. … On the facts here, there is clearly no basis for a claim of ratification. “Ratification requires an intention to ratify and knowledge of all material facts.”

United States v. International Longshoremen's Ass'n

319 F. Supp. 737 · District Court, D. Maryland · Dec 3, 1970

As firmly established in Brown v. … With a merged local insisting that these preferred jobs be given to qualified Negroes as well as to qualified whites, presumably the disparity will soon be entirely eliminated.

Scarlett v. Young

170 Md. 358 · Court of Appeals of Maryland · May 18, 1936

The account completely itemized and clearly showed in what manner the course adopted and pursued had resulted in a savings in- taxes of $2,297.36 for the year 1931, of $905.32 for the year 1932, and of $2,131.37 for the year … Furthermore, the plaintiff, a qualified accountant, in the performance of his employment, acquired the information upon which to base his advice and to obtain the deductions by his study of the statute, by conference with

Moreno v. Toll

489 F. Supp. 658 · District Court, D. Maryland · Apr 17, 1980

This argument, however, is unpersuasive since the policy subjects all citizens and immigrant aliens to a domicile test in order to qualify for in-state benefits whereas non-immigrant aliens are precluded from qualifying under … affirming an intent to become a citizen when qualified. 10 .

Department of Public Safety & Correctional Services v. Cole

342 Md. 12 · Court of Appeals of Maryland · Mar 12, 1996

Photographic evidence can observe a scene in detail without interpreting it, preserve the scene in a permanent manner, and transmit its message more clearly than the spoken word. … Clearly, the Department produced enough evidence to assure that the videotape had sufficient probative value and indicia of reliability and accuracy at least for an administrative hearing.

Davis v. Swick

District Court, D. Maryland · Jan 4, 2022

ECF No. 29 at 4-7, Additionally, they assert they are entitled to qualified immunity! and that Davis fails to specify how each individual Defendant named in the complaint engaged in allegedly unlawful conduct. … In each of the controlled purchases Agents Swick, Durgin, ' Because this Court finds that the complaint does not state a claim upon which relief may be granted, Defendants’ claim to qualified immunity is not discussed

Warfield v. Vandiver

101 Md. 78 · Court of Appeals of Maryland · Apr 5, 1905

It must first be established that the term never excludes him before it can be predicated of it that it always includes him. … It is Constitution making; it is a concentration of all the power of the people in establishing organic law for the Commonwealth; for it is provided by the article that, `if such amendment or amendments shall be approved

Sewell v. State

236 Md. App. 96 · Court of Special Appeals of Maryland · Mar 5, 2018

Ct. 301, 302 (1951).7 Marital communications are presumed confidential, which qualifies them for the privilege. State v. Enriquez, 327 Md. 365, 372, 609 A.2d 343, 346 (1992). … Clearly, the prosecutor thought that motive would assist the jury in evaluating the evidence, as reflected in his closing argument.