Case law

Harlee v. Garcia

District Court, D. Maryland · May 19, 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); accord Lovern v. … The United States enjoys sovereign immunity from suit unless that immunity has been waived, either by congressional enactment or other express and unequivocal consent. See FDIC v.

Boone v. State

2 Md. App. 80 · Court of Special Appeals of Maryland · Sep 28, 1967

This determination depends upon whether the State has met the burden of proof of establishing that the confession was freely and voluntarily made. … Appellant as his seventh contention, alleges that this was “clearly improper” because of the contradictory nature of the counts.

McReady v. Montgomery Community College

District Court, D. Maryland · Jul 6, 2021

immunity. … The Supplemental Memorandum argues that the Court’s finding that Defendants are entitled to qualified immunity is wrong. Id. However, because Plaintiff fails to successfully challenge, under Fed. R. Civ.

Danial v. Morgan State University

District Court, D. Maryland · Jul 16, 2020

To establish a prima facie case for discriminatory failure to hire, a plaintiff must show that: (1) he belonged to a protected class; (2) he applied for, and was qualified for, a job for which the employer was seeking applicants … immunity waiver for contract actions.

Hurt v. State of Maryland

District Court, D. Maryland · Feb 4, 2021

Hurt’s claim that he is “inhabited bodily by extraterrestrials” is the sort of fanciful allegation that qualifies as frivolous and for which no cogent response may be formulated. Mr. … United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, he will not be permitted to file an action in forma pauperis unless” he can establish

Bell v. Board of County Commissioners

195 Md. 21 · Court of Appeals of Maryland · Apr 12, 1950

The appellant in the case before us is a resident who claims he is qualified under the act, and his position is that the entire act should be upheld. … That was clearly indicated by the Governor in 1947 when he vetoed ten local acts legalizing gambling in six of the counties of the State.

Maryland-National Capital Park & Planning Commission v. Montgomery County

267 Md. 82 · Court of Appeals of Maryland · Nov 16, 1972

In each of those cases where the appeal was allowed, the appellant clearly fell within the language of the statute. … Indeed, appellant’s contention, if pursued to its logical conclusion, could mean that every planning expert testifying before the Board of Appeals might qualify as a party for appeal purposes.

Pennsylvania R. v. United States

54 F. Supp. 381 · District Court, D. Maryland · Mar 2, 1944

Since all three adjectives employed qualify the same noun, “transportation”, and since, as we have seen, it would not be sensible to say that the noun when qualified by the first of these adjectives was intended to relate … Of course, the Commission would clearly not be justified in attempting to neutralize the disadvantage of geographical location such as Stickell has, by requiring of a carrier wasteful or additional service, without adequate

State v. Bixler

62 Md. 354 · Court of Appeals of Maryland · Jun 19, 1884

registration as a voter; and that the accused made oath that he would true answer make to all questions propounded by the registration offi *356 cer necessary to the ascertainment of his qualifications to be registered as a qualified … There are many misdemeanors punishable by confinement in the penitentiary, which clearly are not “infamous-crimes ” within the meaning of the common law or of the Constitution.

McKenzie v. State

407 Md. 120 · Court of Appeals of Maryland · Dec 30, 2008

The question in that case was whether a “furnished” house, in which the owner had never lived and indicated clearly she never intended to live, was a dwelling when it was entered by a person and his co-defendant brother. … Thus the constructive dwelling of the owner, if *131 any, had clearly terminated approximately three months before the present crime.

Miller v. Maryland Department of Natural Resources

District Court, D. Maryland · Aug 16, 2021

“Leave to amend . . . should only be denied on the ground of futility when the proposed amendment is clearly insufficient or frivolous on its face.” Id. … “Qualified individual with a disability” For both his failure to accommodate and wrongful termination claims, Miller must first establish that he is a “qualified individual with a disability.”

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.

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.

Spangler v. McQuitty

449 Md. 33 · Court of Appeals of Maryland · Jul 12, 2016

-5-  In so holding, we reaffirmed the independent nature of wrongful death actions established in Stewart v. United Elec. … The release unambiguously reveals that the clearly defined recipient was Dr. Elberfeld, which did not constitute a release of all joint tort-feasors.

Gaines v. Baltimore City, Maryland

District Court, D. Maryland · Feb 22, 2023

To establish a prima facie case for discriminatory failure to hire, a plaintiff must show that: (1) she belonged to a protected class; (2) she applied for, and was qualified for, a job for which the employer was seeking … Currently, the Police Department is protected by State sovereign immunity that provides a greater level of protection than local immunity.

Edmonds

District Court, D. Maryland · Jan 20, 2026

subjects, or causes to be subjected, any citizen of the United States or other person with the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall … fails to state a claim upon which relief may be granted, unless” he can establish he “is under imminent danger of serious physical injury.” See Pitts v.

Simmons v. Haas

56 Md. 153 · Court of Appeals of Maryland · Mar 18, 1881

This was a case clearly within the reason and language of the exception in the Evidence Act, excluding parties from testifying on their own offer. … The identity of the account being established, the promise to send a check next week, is equivalent to a promise to pay, and an absolute recognition of the claim pro tanto, unless qualified by the writer, of which in this

Williams v. State

417 Md. 479 · Court of Appeals of Maryland · Jan 5, 2011

Section 4-203(b)(6) clearly permits wearing, carrying, or transporting a handgun “by a person on real estate that the person owns or leases or where the person resides,” without registering or obtaining a permit, wholly consistent … —An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been: (1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after

Maryland Attorney General Opinion 105OAG066

Maryland Attorney General Reports · Oct 26, 2020

The Advisory Group’s final report did not include any recommendation that existing forests should qualify for treatment as “mitigation bank[s].” … At first glance, it seems hopelessly ambiguous; paragraph (i) contains one verb without any subject, and the introductory clause contains a series of nested modifying phrases without clearly identifying the antecedent for

Feely v. Sidney S. Schupper Interstate Hauling System, Inc.

72 F. Supp. 663 · District Court, D. Maryland · Jun 9, 1947

For example, Article I, Section 8, is clearly the basis of the power of Congress to give jurisdiction to the federal courts set up within the District. O’Donoghue v. … the citizen of the District is not deprived of recourse to the federal tribunal when a federal question is presented; and, by the Fourteenth Amendment, he is protected against any State abridgement of his privileges and immunities