Case law

Nolan v. Judge Bright

District Court, D. Maryland · Mar 10, 2022

[when its] factual contentions are clearly baseless. … Examples of the former class are claims against which it is clear that the defendants are immune from suit, and claims of infringement of a legal interest which clearly does not exist ....

Abdullahi v. Zanini

241 Md. App. 372 · Court of Special Appeals of Maryland · Jun 26, 2019

So, yes, there’s a shifting of the burden once you establish a prima facie case of what it’s for, but you can’t, just handing it to me doesn’t establish that and asking her is this his account, yes. … Okay, well, great, but she can’t establish what it’s for either. So, you still have the burden of establishing the evidentiary purpose of the document, which I have yet to hear.

DeBerry

District Court, D. Maryland · Feb 12, 2026

DeBerry was not a party in the case and her motion did not qualify under any of the limited circumstances allowed for intervention. See ECF No. 7 at 5. … Prosecutorial Immunity Prosecutors are absolutely immune from liability for “conduct that is intimately associated with the judicial phase of the criminal process.”

White v. State

248 Md. App. 67 · Court of Special Appeals of Maryland · Oct 1, 2020

Chimel established unequivocally the now universally established geography—the range in space—of the Search Incident to Lawful Arrest. Feaster, 206 Md.App. 231, described Chimel’s mandate. … DID THE STATE QUALIFY FOR THE INEVITABLE DISCOVERY EXEMPTION FROM THE SANCTION OF THE EXCLUSIONARY RULE? No.

Lashley v. State

10 Md. App. 136 · Court of Special Appeals of Maryland · Aug 11, 1970

App. 705, 709 , we held that the nature of the activity proscribed by Section 3 “is clearly any specified effort knowingly directed at the causation or procurement of a miscarriage or abortion of any woman, pregnant with … That it is within the police power of the State to outlaw the commission of abortions that are not performed by *143 qualified physicians is, we think, beyond question. See Babbitz v. McCann, 310 F. Supp. 293 (D.C.

Ollman v. Toll

518 F. Supp. 1196 · District Court, D. Maryland · Jul 27, 1981

Plaintiff contends that the evidence produced shows that he is well qualified for the position in question. … These facts establish not only that defendant Elkins made no decision which denied plaintiff his constitutional rights but also that there were good reasons for the delay in question.

Stewart v. American Bridge Co.

108 Md. 200 · Court of Appeals of Maryland · May 15, 1908

This circumstance clearly discriminates the cases, and deprives that decision of all persuasive authority in this case.. … Rollins, 82 Md. 14 , and other cases in this State, was clearly right in admitting these reports.

Gambrill v. Schooley

52 L.R.A. 87 · Court of Appeals of Maryland · Feb 21, 1901

The Court distinguished the case very clearly from Pullman v. … The plaintiff’s first and second prayers were not questioned at the argument and are so clearly correct as to-require no notice.

Harris v. Pue

39 Md. 535 · Court of Appeals of Maryland · Feb 20, 1874

This rule is clearly stated by all the judges in Tilghman vs. Stewart, 4 H. & J., 156 . … Pue, as establishing many of the facts upon which the validity of the will depends.

SIERRA CLUB, Et Al. v. DOMINION COVE POINT LNG, L.P.

216 Md. App. 322 · Court of Special Appeals of Maryland · Feb 28, 2014

Before the Court of Appeals, the plaintiffs argued that under the language of the qualified domestic relations orders, the DROP payments did not qualify as pension payments and therefore, the former wives were not entitled … This clearly means that natural gas may be sent both ways – to and from the Terminal Operation site.

Lamone v. Schlakman

451 Md. 468 · Court of Appeals of Maryland · Feb 1, 2017

A temporary restraining order may be granted only if it clearly appears from specific facts shown by affidavit or other statement under oath that immediate, substantial, and irreparable … Sparaco’s candidacy as early as August 2, 2016, when the State Board posted the names of the qualified candidates on its website.

Heath v. M. C.C. of Baltimore

187 Md. 296 · Court of Appeals of Maryland · Nov 22, 1946

Paragraph 8 of the Baltimore City Zoning Ordinance excludes garages from residential use districts, but this general exclusion is qualified by paragraphs 13 and 14, which relate to private garages without repair facilities … It is well established that the Court will not substitute its discretion for that of the board.

Mahoney v. Board of Supervisors of Elections

205 Md. 344 · Court of Appeals of Maryland · Oct 8, 1954

Beck, supra, the Legislature of 1912 nevertheless clearly intended to provide for such contests in primaries, and to the provisions for the right of such contest, they added the right to a recount, which is far more limited … The section provides that no one who is not registered as a qualified voter shall be entitled to vote or to receive a ballot.

Snead v. BOARD OF EDUC. OF PRINCE GEORGE'S COUNTY

815 F. Supp. 2d 889 · District Court, D. Maryland · Sep 2, 2011

Because the time for filing such a claim has clearly expired, the court will exercise supplemental jurisdiction in the interest of judicial economy. … As Plaintiffs employment with the Board terminated in March 2005, her claim in this regard is clearly time barred. Accordingly, it will be dismissed. 7 V.

Sun Cab Co. v. Walston

15 Md. App. 113 · Court of Special Appeals of Maryland · Apr 17, 1972

The Court said, at page 331: “It is the practice, to establish damages in a case like this, to prove joint life expectancy by an actuary who uses established mortality tables, and annuity tables, showing a sum of money that … Appellees attempted to establish an intent on the part of Mrs.

Wise v. State

471 Md. 431 · Court of Appeals of Maryland · Nov 24, 2020

The Court of Special Appeals qualified its holding with a materiality requirement. … Because Nance and its progeny involved such obvious inconsistencies, they never warranted an explanation of the minimum showing necessary to establish an inconsistency.

Jackson v. Jackson

80 Md. 176 · Court of Appeals of Maryland · Dec 18, 1894

Every fact stated in the prayer might have been found to be true, and yet the jury might properly have refused to sustain the marriage, because there was evidence qualifying these facts, and tending to throw discredit and … This was clearly incompetent. In the sixth the witness was asked whether he and his wife had recognized Jackson and the plaintiff’s mother as husband and wife.

Francis v. State of Maryland

District Court, D. Maryland · Feb 24, 2023

Forst, 4 F.3d 244, 250 (4th Cir. 1993), “[t]his principle only applies . . . if all facts necessary to the affirmative defense ‘clearly appear[ ] on the face of the complaint.’” … Servs., 926 F.3d 97, 100 (4th Cir. 2019) (“The Supreme Court ‘has drawn on principles of sovereign immunity to construe the Amendment to establish that an unconsenting State is immune from suits brought in federal courts

Shaw v. State of Maryland

District Court, D. Maryland · Sep 16, 2019

Here, plaintiff claims that the defendants “acted negligently, wantonly recklessly, and with deliberate indifference, including failure to properly supervise . . . , [to] protect the Plaintiff’s clearly established and … Third, the Officer Defendants assert that they are entitled to qualified immunity as to plaintiff’s § 1983 claims. Id. Finally, they argue that plaintiff’s State law claims have not been adequately pleaded.

King v. State

16 Md. App. 546 · Court of Special Appeals of Maryland · Jan 8, 1973

That a different rationale must exist for establishing the reliability of citizen-informers than for establishing that of the more suspect and anonymous police informer is widely recognized in recent case law. … More often than not, the informant is paid or provides information in exchange for immunity from prosecution for his own misdeeds.