Case law

Balt. City Police Dept. v. Esteppe

247 Md. App. 476 · Court of Special Appeals of Maryland · Aug 27, 2020

Such a finding does not disadvantage either party and, if ultimately established, provides: (1) the tort plaintiff with a deep pocket from which to recover; and (2) immunity from the judgment for the tortfeasor employee, … Esteppe and, therefore, the Department maintained its defense of sovereign immunity to Mr. Esteppe’s claim. We will address that defense below in Part II.

United States v. Cates

686 F. Supp. 1185 · District Court, D. Maryland · May 23, 1988

As the Court has already indicated, a record was established, and each of the questions posed, excluding the request for his name and address, had potentially incriminating responses. … Moreover, if the mere production of documents is privileged, clearly, Cates was privileged from answering any of the questions concerning his income, assets or business.

United States v. Fairchild Industries, Inc.

766 F. Supp. 405 · District Court, D. Maryland · May 2, 1991

There is no substantial question of law: these elements have been clearly outlined in this circuit and in others. See United States v. Aceto Agricultural Chemicals Corp., 872 F.2d 1373 (8th Cir.1989); New York v. … It is well-established in this Circuit that CERCLA sets forth a strict liability scheme. Monsanto, 858 F.2d at 167 .

State v. Allewalt

308 Md. 89 · Court of Appeals of Maryland · Nov 25, 1986

Spodak’s opinion to “establish” that a rape had occurred and indeed, to establish that fact “conclusively.” A slavish application of so rigid a requirement would eliminate most of the evidence at trials of all kinds. … The court then held: An examination of the literature clearly demonstrates that the so-called “rape trauma syndrome” is generally accepted to be a common reaction to sexual assault.

Murray

District Court, D. Maryland · Aug 25, 2026

Under the Eleventh Amendment, states generally enjoy immunity from suit by private individuals in federal court unless a state waives its immunity, or the immunity is abrogated by Congress. See Bd. of Tres. v. … Feb. 27, 2025) (finding plaintiff’s appeal, which concerned in part the Bankruptcy Court’s determination that her IBOE was not a valid form of currency, “clearly frivolous” and citing cases); Swinton v.

Washington v. Galbraith

District Court, D. Maryland · Mar 27, 2024

immunity. … immunity or exhaustion.

Gordy v. Dennis

176 Md. 106 · Court of Appeals of Maryland · May 29, 1939

The reasoning of the court, however, clearly indicated it would follow the dissent. Another case much relied on is State ex rel. Wickham v. Nygaard, 1915, 159 Wis. 396 , 150 N.W. 513 . … be prodently accepted by those who are qualified by talent, knowledge, integrity, and capacity, but are not possessed of such a private fortune as to make an assured salary an object of personal concern.

Baltimore County v. Batza

67 Md. App. 282 · Court of Special Appeals of Maryland · Apr 10, 1986

One that is clearly distinct is issue II—whether there is, in the first instance, a justiciable controversy. … Ebersberger rested on the premise established in Tanner v.

County Comm'rs of Charles Co. v. Stevens

299 Md. 203 · Court of Appeals of Maryland · Apr 4, 1984

As such, Smith is clearly distinguishable. … Inevitably, tension may develop between the local control envisioned by federalism and the establishment of a national economy. 13 But, as the Supreme Court has made clear, the power of local governments to serve their citizens

Kanfer v. Montgomery County Council

35 Md. App. 715 · Court of Special Appeals of Maryland · May 11, 1977

Kanfer and by a qualified land planner, Werner Kloetzli, Jr. … Clearly, the facts here do not present a case where rezoning would necessitate extension of sewage and other public facilities into altogether undeveloped areas.

Green v. Carr Lowery Glass Co., Inc.

170 Md. App. 502 · Court of Special Appeals of Maryland · Sep 15, 2006

Again, some intent indicated that in order to get medical services, you have to be within the threshold established by the Act. … The language of § 9-505 suggests that it does not exist in a vacuum and that its terms are qualified through the definitions contained in other subsections within the Act.

Baltimore County v. Archway Motors, Inc.

35 Md. App. 158 · Court of Special Appeals of Maryland · Mar 9, 1977

Friedberg, 4 the Court of Appeals said: 4 ‘A reply to an offer which alters in any manner the suggested method of performance is not a true acceptance of the offer, but in reality is a conditional or qualified acceptance, … The assent must, however, be clearly established and will not be inferred from doubtful or equivocal acts or language.’ ” (Citations omitted. Emphasis in original.)

Kroschinsky v. Trustees of Steamship Trade Ass'n/International Longshoremen's Ass'n Pension Trust Fund-Benefits Trust Fund

790 F. Supp. 559 · District Court, D. Maryland · Feb 11, 1992

From 1974 through 1984, Krosehinsky qualified for Group A benefits. … Clearly, the Benefits Fund falls under the former rather than the latter definition.

United Bank v. Buckingham

472 Md. 407 · Court of Appeals of Maryland · Mar 9, 2021

preceding words or phrase—particularly in the absence of a comma before the qualifying phrase.” … Here, the qualifying phrase—“of tangible or intangible property”—is not set off by commas, and therefore it only modifies the immediately preceding term “pledge.”

Liberty Nursing Center, Inc. v. Department of Health & Mental Hygiene

330 Md. 433 · Court of Appeals of Maryland · May 17, 1993

Subsection (c) provides quite clearly, that “to be allowable, interest expense must be incurred on indebtedness established with lenders or lending organizations not related through control, ownership, or personal relationship … See also Northwest Hosp., 687 F.2d at 993 (“commercial interest expense [through a commercial lender] clearly qualifies as a reimbursable Medicare cost”); South Boston, 409 F.Supp. at 1385 (“A financing arrangement through

Beck v. Mangels

100 Md. App. 144 · Court of Special Appeals of Maryland · Apr 28, 1994

Baines was qualified as an expert in civil engineering. … Myers was qualified as an expert in the design and construction layout of roads.

Gov't Employees Ins. v. Ins. Comm'r

273 Md. 467 · Court of Appeals of Maryland · Jan 14, 1975

It's a flag that normally someone with one accident, and one violation would not be acceptable but depending on the circumstances he could be qualified to be acceptable." … We have clearly indicated that they can originate neither judicially nor administratively.

Peddicord v. Franklin

270 Md. 164 · Court of Appeals of Maryland · Nov 1, 1973

The intention to convey to that line is clearly expressed in their respective deeds. … Stipulated Exhibit 1 was not accompanied by any testimony of a qualified surveyor and thus there was no testimony to support the point locations and bearings used in the survey.

ASSOC. REALTY COMPANY v. Cadillac Jack Enterprises, Inc.

250 Md. 371 · Court of Appeals of Maryland · Jun 28, 1968

Edwards’ testimony falls short of establishing it. Even Adler’s testimony contains inconsistencies which impair its credibility. … We think Judge Carter’s comment just about hit the nail on the head and it follows, of course, that we cannot say he was clearly erroneous. Maryland Rule 886 (a). II.

Johnson v. Baltimore Police Department

District Court, D. Maryland · Nov 16, 2020

One such situation is when the individual defendants are entitled to qualified immunity. Id. … However, to prevail on his Monell claim plaintiff still needs to prove that his constitutional rights were violated, regardless of whether the Officers are entitled to qualified immunity.