Case law

Fletcher v. Foxwell

District Court, D. Maryland · Oct 25, 2019

immunity. … Qualified Immunity □ Although Defendants generally assert the defense of qualified immunity, they merely recite the legal standard and provide no factual or legal

Goertz v. McNally

185 Md. 170 · Court of Appeals of Maryland · Nov 1, 1945

While the form of the issue as to partial invalidity is somewhat broader than the allegations of the second petition and caveat, the use of this form is supported by established practice. … This Court said: “The affidavit of the appellant upon which that motion was based, shows that the issue prayed in the Orphans’ Court was not a separate and independent issue, but one intended to change or qualify the issues

Hansford v. District of Columbia

84 Md. App. 301 · Court of Special Appeals of Maryland · Sep 5, 1990

III. granted appellee’s motion to dismiss insofar as it found sovereign immunity barred liability in Maryland courts based on appellee’s negligent operation in Maryland of a maximum security prison for violent juvenile delinquents … Cornman, 398 U.S. 419, 421-22 , 90 S.Ct. 1752, 1754-55 , 26 L.Ed.2d 370 (1970), clearly rejected “the fiction of a state within a state,” and held that individuals living on the grounds of National Institutes of Health (N.I.H

Kardios Systems Corp. v. Perkin-Elmer Corp.

645 F. Supp. 506 · District Court, D. Maryland · Sep 5, 1986

When this relationship was established, Kardios began to work on the product which is the subject of this law suit. … Under these circumstances Kardios’ claims are clearly time-barred.

Wilson v. State

132 Md. App. 510 · Court of Special Appeals of Maryland · Jun 7, 2000

Jennifer Reynolds, Director of the Identity Laboratory at Cellmark, who was qualified as an expert in the application of forensic DNA testing. Dr. … Delaware, 438 U.S. 154 , 98 S.Ct. 2674 , 57 L.Ed.2d 667 (1978), to establish that the application for the warrant was tainted, or 3) an actual Franks hearing itself. In this case, it clearly is not the latter.

Oliver

District Court, D. Maryland · Aug 21, 2026

immunity. … Viewing the evidence in the light most favorable to Oliver, the record does not establish that Turay used excessive force against him.

Schochet v. State

75 Md. App. 314 · Court of Special Appeals of Maryland · May 19, 1988

There is, in other words, a lack of controlling precedent in this State clearly mandating one result or the other in this case. … But it has recognized that certain aspects of sexual relations between men and women are immune from governmental intrusion, absent some compelling, rational basis for *360 the intrusion.

Ferguson v. Secretary of State

249 Md. 510 · Court of Appeals of Maryland · Apr 10, 1968

An emergency law shall remain in force notwithstanding such petition, but shall stand repealed thirty days after having been rejected by a majority of the qualified electors voting thereon; provided, however, that no measure … Although the affidavit in the present case fully complies with the requirements of Section 4 as to the first mandatory requirement, it clearly fails in regard to the second mandatory requirement, i.e., to state that of the

Howell v. Hogan

District Court, D. Maryland · Dec 19, 2022

It is well-established that Congress has not abrogated state sovereign immunity for § 1983 claims. … Texas, 563 U.S. 277, 284 (2011) (Congress did not clearly manifest its intent to abrogate state sovereign immunity). Plaintiff cites to no such statement and this Court is aware of none.

Insurance Commissioner v. CareFirst of Maryland, Inc.

149 Md. App. 446 · Court of Special Appeals of Maryland · Feb 10, 2003

Once an insurer qualifies for the SAAC differential, the 4% discount applies, not only when health services are provided to those patients purchasing the qualified insurer’s SAAC product, but also when services are provided … This ratio can only be established after determining expense requirements and what constitutes a reasonable profit.

Lentz v. Pilert

60 Md. 296 · Court of Appeals of Maryland · Jun 19, 1883

He is clearly within the reason of the rule. … He is not excluded by the letter of the law, for there is no qualifying word prefixed or added to the word “ creditor ” except “ largest,” which only indicates the order of preference.

Johnson v. Mayor and City Council of Baltimore

515 F. Supp. 1287 · District Court, D. Maryland · Jun 9, 1981

Rather, the record in this case clearly establishes that plaintiffs’ performance of their duties has been more than satisfactory. … If Porter survives and is still employed by the Fire Department when he attains the age of fifty-five, he will clearly be protected by the Act.

Maryland Casualty Co. v. Union Bridge Electric Manufacturing Co.

145 Md. 644 · Court of Appeals of Maryland · May 5, 1924

It may be contended that the words quoted immediately above, and italicized by us, must be considered in connection with, and are qualified by, the first part of section 58; and that all the provisions of this section are … That clearly means that, after two months from the date of the award, if the employer or insurer has failed to institute -suit against the tort feasor, whether because of an appeal from the award or for any other reason,

Mealey v. Baltimore City Police Department

District Court, D. Maryland · Feb 15, 2023

The defense of sovereign immunity is a jurisdictional bar because “sovereign immunity deprives federal courts of jurisdiction to hear claims, and a court finding that a party is entitled to sovereign immunity must dismiss … It is well-established that “BPD ‘enjoys sovereign immunity from actions for damages based on state common law torts or state constitutional torts.’” Bumgardner v. Taylor, No. RDB- 18-1438, 2019 U.S. Dist.

Hargrove v. Board of Trustees

310 Md. 406 · Court of Appeals of Maryland · Sep 2, 1987

To date, this group clearly encompasses gender discriminations, e.g., Caban v. Mohammed, 441 U.S. 380 , 99 S.Ct. 1760 , 60 L.Ed.2d 297 (1979); Craig v. … We pointed out (id. at 716, 426 A.2d 929 ): “The [challenged] statute does not establish a precondition for receipt of the pension; rather, it flatly prohibits *422 this group of state pensioners from engaging in their profession

Son v. Margolius, Mallios, Davis, Rider & Tomar

114 Md. App. 190 · Court of Special Appeals of Maryland · Feb 26, 1997

Son in the first count of his Complaint be clearly stated. … We need not, and therefore do not, decide the number and quality of the relationships that qualify under the Act. We merely decide that whatever association Ms.

Walker v. Associated Dry Goods Corp.

231 Md. 168 · Court of Appeals of Maryland · Mar 22, 1963

Section 4.01 establishes fixed rentals for certain periods, and there is no controversy with regard thereto. … The evidence, we think, establishes that the entire northern building as originally constructed constituted one building.

Lewin Realty III, Inc. v. Brooks

138 Md. App. 244 · Court of Special Appeals of Maryland · Apr 26, 2001

The Court commented that the question posed to the claims manager “was clearly improper by referring to inadmissible prior ‘bad acts.’ ” 330 Md. at 20 , 622 A.2d 103 . … On appeal, the defendant argued that the witness should not have been qualified as such. The Court of Appeals held that the trial court did not abuse its discretion in qualifying the witness as an expert.

Vanguard Justice Society, Inc. v. Hughes

471 F. Supp. 670 · District Court, D. Maryland · Mar 20, 1979

Davis to “public employ *703 ment” in a public employment case would appear clearly to establish the applicability of the “rigorous” less-than-intent standard in a Title VII case against governmental employees, as contrasted … Clearly, the promotion-level sergeant examination has not been established as a validated test.

Attorney Grievance Commission v. Gansler

377 Md. 656 · Court of Appeals of Maryland · Nov 12, 2003

Gansler expressed his view that the “four tó three” opinion “was clearly an effort to overturn the death penalty in the Perry case.” D. … Not all criminal record information would qualify as "information in a public record,” even if the term is defined broadly.