Case law

Andrews v. Baltimore City Police Department

District Court, D. Maryland · Mar 19, 2025

In a different procedural posture, however, this Court would have granted summary judgment without reaching the constitutional question because no clearly established law barred the Officer Defendants’ conduct in 2014 … , so they are entitled to qualified immunity.

Jones v. State

410 Md. 681 · Court of Appeals of Maryland · Sep 22, 2009

Petitioner concedes that the State’s evidence was sufficient to establish that he committed those offenses in Aberdeen, Maryland on December 23, 2004. … We apply the “clearly erroneous” standard of review to that factual finding.

Bates & Beharry v. State

127 Md. App. 678 · Court of Special Appeals of Maryland · Sep 3, 1999

Thus, the matter was never presented to the trial court and clearly is not preserved. See generally Md. Rule 8 — 131(a); Icgoren v. … Locke, a qualified forensic pathologist, examined both gunshot wounds and determined that both wounds were responsible for Culbreth’s death. In making this determination, Dr.

Maryland Commission on Human Relations v. Malakoff

273 Md. 214 · Court of Appeals of Maryland · Dec 3, 1974

Respondent also claims he ascertained at this time that Complainant earned only $8,000 per year, and that this was insufficient to ‘qualify’ him as a tenant at Babbitt Lane. … Assuming this to be true, it is questionable that this alone could be the foundation upon which to establish a violation of Maryland’s fajr^ housing statute.

Nationwide Mutual Insurance v. Friedman

451 F. Supp. 736 · District Court, D. Maryland · May 26, 1978

Assuming arguendo that the documents at issue here could fall within this range of information, § 1905 does not qualify as an exemption 3 statute. … The documents in the instant case can only qualify for exemption as “similar files.”

State v. Sewell

463 Md. 291 · Court of Appeals of Maryland · Apr 2, 2019

Amanda Sewell was also charged in the death of Luke, but was granted immunity by the State and compelled to testify. … A court performs an objective analysis, and based on such, clearly the privilege does not attach to communications relating to child abuse.

State v. Gorman

315 Md. 402 · Court of Appeals of Maryland · Mar 27, 1989

In the quest for an impartial and qualified jury, Negro and white, Protestant and Catholic, are alike subject to being challenged without cause. … The guidelines by which a criminal defendant can meet the burden of establishing a prima facie case of discrimination are clearly set out.

Davis v. State

93 Md. App. 89 · Court of Special Appeals of Maryland · Dec 22, 1992

Clearly, the omnibus answer does not supply the defendant the bonus data that might be gleaned from a pair of fragmented answers. … Under the circumstances, she qualifies as one peculiarly within his power to produce. Bruce v. State, 318 Md. 706, 729-731 , 569 A.2d 1254 (1990). We see no error.

Kicherer v. Kicherer

285 Md. 114 · Court of Appeals of Maryland · May 4, 1979

Our conclusion in this regard follows from the “well-established rule in this State that unless the decree also adjudicates a separate and unrelated claim in favor of a litigant, he cannot, knowing the facts, both voluntarily … In any event, and at a minimum, the filing of reports and accountings clearly must be required on a much more frequent basis than annually, as the present decree provides.

Costa v. State

58 Md. App. 474 · Court of Special Appeals of Maryland · Apr 11, 1984

Evidence established that although the appellant failed to keep his appointment with Ms. … Discussion of Law It is important to note initially that when a wrongdoer has been given the opportunity to keep his freedom by being placed on probation, that personal privilege is by no means a blanket grant of immunity

CASA De Md., Inc. v. Trump

355 F. Supp. 3d 307 · District Court, D. Maryland · Nov 28, 2018

Citizenship and Immigration Services ("USCIS") denied the application, concluding he did not qualify as grandfathered, and the plaintiff filed suit in federal district court to challenge that conclusion. … Explaining that "the admission and exclusion of foreign nationals is a 'fundamental sovereign attribute exercised ... largely immune from judicial control,' " the Court determined that it should not interfere with "relations

Potomac Construction Company, Inc. v. Washington Metropolitan Area Transit Authority

District Court, D. Maryland · Apr 16, 2021

Here too, Plaintiff’s argument that Sections 73 and 81 of the Compact establish a waiver of the Authority’s sovereign immunity must fail. … cannot establish a waiver of WMATA’s sovereign immunity for such actions.

Gough v. W.C.I.

District Court, D. Maryland · May 24, 2021

However, the complaint must allege sufficient facts to establish those elements.” Walters v. McMahen, 684 F.3d 435, 439 (4th Cir. 2012) (citation omitted). … Only “persons” are subject to suit under §1983, and entities such as buildings, i.e., WCI, do not qualify. Will v. Michigan Dept. of State Police, 491 U.S. 58, 65 (1989).

Maryland Attorney General Opinion 95 OAG 062

Maryland Attorney General Reports · Mar 8, 2010

Courts cannot here condone 2 The Court qualified this statement by noting that a court might take action if the directors were personally interested in a particular decision: but this is far from … There are other possible measures that might impose some limits on executive compensation at a company like CEG – for example, a cap on ratepayer contribution to executive compensation or a statute clearly establishing the

Tucker v. University Specialty Hospital

166 Md. App. 50 · Court of Special Appeals of Maryland · Dec 1, 2005

Although a jury is not permitted to apply a res ipsa analysis to infer negligence, unaided by expert testimony, in a complex case, the Court of Appeals made clear in Meda that a qualified expert may use inferential reasoning … The evidence clearly established that the hospital’s staff had access to the specific medication that caused Mrs.

Benisek v. Lamone

266 F. Supp. 3d 799 · District Court, D. Maryland · Aug 24, 2017

He added, “Yes, this was clearly my intent.” … McGraw, 202 F.3d 676 , 686 (4th Cir. 2000), and surely the government’s reduction of the effectiveness- of expression qualifies as an adverse effect.

Steever v. Bristol-Myers Co.

727 F. Supp. 986 · District Court, D. Maryland · Nov 6, 1989

The Plan Administrator determines if a participant qualifies as totally disabled. Defendant’s Exhibit A, Paragraphs 5.1, 6.1. … In light of the available evidence, this Court finds that the actions of the Plan were clearly supported by substantial evidence. Accordingly, the Court will not disturb the decision of the Administrator.

Balt. City Police Dept v. Potts

468 Md. 265 · Court of Appeals of Maryland · Apr 24, 2020

This language does not establish a hard-and-fast rule. … Clearly, the factors concerning whether the actions are commonly done by the officers and the time, place, and purpose of the actions tilt in favor of establishing that the officers’ misconduct was authorized.

Jaguar Land Rover North America, LLC v. Manhattan Imported Cars, Inc.

738 F. Supp. 2d 640 · District Court, D. Maryland · Sep 14, 2010

Here, the first two requirements are not disputed by the parties and are clearly met. Plaintiff has established an actual controversy, see Volvo Constr. Equip. North America, Inc. v. CLM Equip. … For a portion of the unpaid claims, Plaintiff has met its burden of establishing that Defendant is not entitled to relief.

Bereslavsky v. Standard Oil Co. of New Jersey

82 F. Supp. 939 · District Court, D. Maryland · Feb 1, 1949

As the Solicitor General says in his brief with respect to the act, it is more than a waiver of immunity and effects an assumption of liability by the government.” (Emphasis supplied.) … Clearly, therefore, we have done precisely what the Supreme Court -said in Sperry Gyroscope Co. v.