Case law

George v. Baltimore Co.

463 Md. 263 · Court of Appeals of Maryland · Apr 1, 2019

Specifically, Taxpayers stated that the County failed to “[a]ppoint, train, and qualify” appropriate individuals to work in animal control, Balt. Cty. … Clearly, the County’s sound and careful use of funds is necessary to avoid a potential increase in taxes.

Aetna Cas. & Sur. Co. v. URNER, ADM'R OF ESTATE OF WEIKEL

264 Md. 660 · Court of Appeals of Maryland · Mar 8, 1972

Regulations introduced by it clearly forbade any student pilot to “act as pilot in command of an aircraft [t]hat [was] carrying a passenger.” … Insurance coverage can not be established by waiver. A/C Electric Co. v. Aetna Ins. Co., 251 Md. 410, 419 , 247 A. 2d 708 (1968), and Prudential Ins. Co. v. Brookman, 167 Md. 616, 620 , 175 A. 838 (1934).

State of Maryland v. Smith

District Court, D. Maryland · Feb 3, 2025

'* Additionally, it is well-established that the only mechanism for judicial review of a final agency action is through the APA. The Court will address each holding inturn. □ i. … Thus, sovereign immunity applies to this case.

Young v. Giant Food Stores, LLC

108 F. Supp. 3d 301 · District Court, D. Maryland · Jun 8, 2015

“To establish a 'prima facie wrongful discharge claim under the ADA, a plaintiff must show that (1) she was a qualified individual with a disability; (2) she was discharged; (3) she was fulfilling her employer’s legitimate … “To establish that [she] is a qualified individual, the Plaintiff must prove that (a) [she] was disabled when discharged and (b) [she] was qualified to perform the essential functions of [her] position.” Munoz v. Balt.

Pennella Doyle v. The Department of Veteran Affairs

District Court, D. Maryland · Oct 15, 2021

Judge Syska Plaintiff is clearly unhappy with Judge Syska’s rulings. … Judge Syska was clearly acting in a judicial capacity.

Charles County Broadcasting Co. v. Meares

270 Md. 321 · Court of Appeals of Maryland · Dec 10, 1973

This rule was qualified in Atlantic States by this passage quoted from Affiliated Distillers Brands Corp. v. R.W.L. … The chancellor found that the facts adduced by Meares supported this claim, and we cannot say that he was clearly in error, Rule 886.

State v. Wallace

372 Md. 137 · Court of Appeals of Maryland · Dec 11, 2002

We will not disturb the trial court’s factual findings unless they are clearly erroneous. See Wengert v. State, 364 Md. 76, 84 , 771 A.2d 389, 394 (2001). III. … Without additional facts that would tend to establish respondent’s knowledge and dominion or control over the contraband before his search, the K-9 sniff of the car was insufficient to establish probable cause for a search

McKinney v. State of Maryland Deposit Insurance Fund Corp.

99 Md. App. 124 · Court of Special Appeals of Maryland · Jan 26, 1994

The Clerk resisted the garnishment on a number of grounds, including sovereign immunity and the fact that the funds were in custodia legis and were not subject to attachment. … Circuit Court of Appeals, was concluded and MDIF did establish its right to the funds, the motion was premature.

Moniodis v. Cook

64 Md. App. 1 · Court of Special Appeals of Maryland · Jun 20, 1985

Spevock was no longer employed by Rite-Aid at the time of the meeting and apparently spoke to Redmond with the intention of obtaining immunity from prosecution. … This finding was not clearly erroneous and shall be affirmed. 7.

Akonom v. State

40 Md. App. 676 · Court of Special Appeals of Maryland · Dec 6, 1978

The only “expert” testimony in the present case came from the polygraph examiner himself, an individual apparently qualified in polygraphy but without any broader scientific training. … In any event, acceptance among polygraphers is clearly not the “general acceptance” required under the Frye-Reed test and acceptance among psychologists and psysiologists “cannot be demonstrated, because such acceptance does

Kohr v. State

40 Md. App. 92 · Court of Special Appeals of Maryland · Jul 14, 1978

The record clearly indicates that the detective qualified as an expert in the field of narcotics investigation. … The record clearly indicates that both defense counsel and the trial court were aware of this fact.

Billingsley v. Kelly

261 Md. 116 · Court of Appeals of Maryland · Mar 2, 1971

The Court found that possession by constructive delivery could not be implied in the case before them because in addition to returning the note, the bank in question had also charged back (he depositor’s account thus clearly … The Court should not abandon long-established law on such vague and neutral grounds.

McComas v. Criminal Injuries Compensation Board

88 Md. App. 143 · Court of Special Appeals of Maryland · Aug 28, 1991

Bd., 307 Md. 606, 614 , 516 A.2d 573 (1986) (“[Pjecuniary loss criteria clearly limit the extent to which the Board may make an award where financial need is demonstrated.”) … Clearly this application affects acts that have already occurred which potentially may give rise to these rights.

INGALLS, OF ESTATE OF INGALLS v. Trustees of Mt. Oak Methodist Church

244 Md. 243 · Court of Appeals of Maryland · Dec 6, 1966

The will was admitted to probate by the Orphans’ Court of Prince George’s County and letters testamentary were granted to the named executor who duly qualified as executor. The trustees of Mt. … His family moved to Maryland where he established a business selling farm implements and machinery, in partnership with Lyle L. Simmons.

First National Bank v. Fidelity & Deposit Co.

283 Md. 228 · Court of Appeals of Maryland · Aug 14, 1978

then proceeded to establish. … As a consequence, they probably have considered such a possibility in establishing rates.

Blackstone v. Sharma Shanahan v. Marvastian

233 Md. App. 58 · Court of Special Appeals of Maryland · Jun 6, 2017

Money owed on a note secured by a deed of trust or a mortgage certainly qualifies as an account receivable. … They support that contention with the following argument: Foreclosures are not mentioned [in B.R. § 7-101(c)], although the Legislature clearly knew how to do so if it had wished.

Morris v. Mayor & City Council of Baltimore

437 F. Supp. 2d 508 · District Court, D. Maryland · Jul 6, 2006

In order to establish a prima facie case of discrimination in the denial of a promotion, a plaintiff must show that: (1) he is a member of a protected group; (2) he applied for the position in question; (3) he was qualified … This evidence, at a minimum, clearly creates a genuine issue of material fact as to whether defendant regarded plaintiff as substantially impaired. See Cline v.

Pope v. State

284 Md. 309 · Court of Appeals of Maryland · Jan 19, 1979

Whether her lack of action was from fear or religious fervor or some other reason is not clearly indicated. … There is no sanction for failure to comply, but immunity from civil or criminal penalty is provided when there is compliance. § 35A (h).

In re: Foster Farm

Court of Appeals of Maryland · Jul 30, 2025

Biosolids that meet pathogen elimination standards set forth in 40 C.F.R. § 503.32(a) qualify as Class A biosolids. … Thus, contrary to the Appellate Court’s assumption, the Board’s findings in this case did not establish that the Foster Farm was necessarily immune from tort liability, but at best provided it with a rebuttable presumption

Swain v. State

50 Md. App. 29 · Court of Special Appeals of Maryland · Oct 9, 1981

Stone was not a qualified expert. We disagree with the appellant’s contention. Clearly the ultimate issue of the appellant’s mental condition was addressed by Dr. … We find no requirement in the law that an expert witness must only rely on the assistance of personnel who could be qualified as experts.