Case law

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.

State v. Williams

392 Md. 194 · Court of Appeals of Maryland · Apr 14, 2006

“Any others,” followed by the applicable qualifiers, far from denoting a continuing series, introduces additional persons who are covered, but only if they qualify on the bases then subsequently .enumerated, which bases need … not be the same as qualified the earlier enumerated categories.

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).

Diven v. Souders

District Court, D. Maryland · Jan 26, 2024

The parties only discuss qualified immunity in general, without any focus on the specific claim of deliberate indifference that the Court discusses below. ECF 75, at 18–19; ECF 76, at 20–21. … Prince George’s Cnty., 302 F.3d 262, 269 insufficient, the Court finds no need at this time to address the merits of their assertion of qualified immunity.

Concerned Citizens of Carderock v. Hubbard

84 F. Supp. 2d 668 · District Court, D. Maryland · Feb 1, 2000

(university prohibited from paying for printing of student newspapers, but refusing to print qualified student religious newspapers because they were religious in content); and see id. at 861 (Thomas, J., concurring)(“The … Plaintiffs’ contentions to the contrary notwithstanding, a cursory review of the Ordinance at issue in this case reveals it to be clearly neutral toward religion.

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.

Cheney v. Eastern Transportation Line

59 Md. 557 · Court of Appeals of Maryland · Mar 8, 1883

The effect of a complete contract of sale is, as very clearly stated by Baron Parke in Dixon vs. … We think those letters establish a-contract between the parties from which neither had the right to recede, without liability for breach of it.

Comptroller of Treasury v. Ramsay, Scarlett & Co.

58 Md. App. 327 · Court of Special Appeals of Maryland · Apr 6, 1984

There is no indication that either the Baltimore or the Louisiana branch depends on these connections; nor do they establish central management or control. … insurance and payroll functions Ramsay Scarlett handled indicate the presence of a substantial degree of operational unity, as does the importance of the corporate-wide profit-sharing plan, which otherwise might not have been a qualified

Gutierrez v. State

423 Md. 476 · Court of Appeals of Maryland · Nov 29, 2011

It is well settled, however, that the trial court’s determination is reviewable on appeal, and may be reversed if founded on an error of law or some serious mistake, or if the trial court has clearly abused its discretion … Clearly, in this case, our threshold requirement is met.

United States v. D. H. Dave, Inc.

424 F. Supp. 424 · District Court, D. Maryland · Dec 28, 1976

There is no question of the power of Congress to define the limits of its waiver of sovereign immunity. … Additionally, it perhaps is not out of line to comment that there never was a case more clearly within the purpose of the statute of limitations than the present one.

Zeller v. Mayson

168 Md. 663 · Court of Appeals of Maryland · May 5, 1935

In front of the establishment the party hailed a taxicab driven by the defendant Rubenstein, trading as the Peerless Cab, Inc.; and the driver was instructed first to take the party to 1912 North Castle Street, which was … The jury should be made aware of the relative importance to be attached to such evidence; and in this case the court’s qualified admission of the testimony was followed up by the submission and granting of a prayer, on behalf

Board of County Commissioners of Washington County v. H. Manny Holtz, Inc.

60 Md. App. 133 · Court of Special Appeals of Maryland · Oct 3, 1984

Commissioners Downey and Snook qualified their negative votes as opposition to the conditions imposed in this case, and not against the rezoning.” … Anne Arundel County, 181 Md. 428, 433-34 , 31 A.2d 179 (1943): “County commissioners are outgrowths of the old levy courts originally established by the Act of 1794, Chap. 53.

Kaehni v. Diffraction Company

342 F. Supp. 523 · District Court, D. Maryland · Apr 28, 1972

The uncontroverted, expert, scientific testimony 2 clearly establishes that Diffraction’s product operates as only one grating, and this Court so finds. The reason is apparent and readily grasped. … objects on the other side “clearly” visible.

CSX Transportation, Inc. v. Miller

159 Md. App. 123 · Court of Special Appeals of Maryland · Oct 1, 2004

Then, in challenging the sufficiency of the evidence to establish its FELA liability, CSX clearly confined the challenge to the single issue of causation. … Andres is a qualified ergonomist and that Dr. Widmeyer and Dr. Shepard are qualified orthopedists.

Regents of the University of Maryland v. Williams

9 G. & J. 365 · Court of Appeals of Maryland · Jun 15, 1838

The provisions of the act of 1798, ch. 105, making it the duty of the “Board of Medical Examiners” to grant licenses to such as should apply, and who, on examination, should be found qualified to practise physic or surgery … But the faculties of physic and of -thé arts and sciences, are indefinite parts, — clearly the faculty of the arts and sciences.

Office of People's Counsel v. Maryland Public Service Commission

355 Md. 1 · Court of Appeals of Maryland · Jul 27, 1999

These mandates clearly remain unchanged by the 1995 legislation enacting § 69(e). … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

Rouse v. Fogan

District Court, D. Maryland · Mar 9, 2023

immunity; and (5) based on the submitted evidence, Rouse received due process, I. … The Court will therefore grant summary judgment on Rouse’s constitutional due process claims and thus need not address Rouse’s other grounds for dismissal of these claims, including qualified immunity.

Green v. Green

188 Md. App. 661 · Court of Special Appeals of Maryland · Oct 30, 2009

Clearly, the desire of [the Millers] and [Father] are that the present—that the status quo continue in this matter. … She overlooks the qualifying phrase “as specified below,” and, to some extent, misunderstands the meaning of “physical custody.”

In re Ryan W.

207 Md. App. 698 · Court of Special Appeals of Maryland · Nov 21, 2012

Does sovereign immunity bar the Juvenile Court from ordering the Department to establish and maintain a trust account for Ryan with funds from the State Treasury? … Sovereign Immunity Finally, the Department asserts that the remedy imposed by the Juvenile Court—creation of a constructive trust—is barred by sovereign immunity.