Case law

State v. Walker

345 Md. 293 · Court of Appeals of Maryland · Apr 10, 1997

Because that issue—the secondary inquiry—had not been clearly raised or decided in the circuit court, the Court of Special Appeals made no ruling on it. Citing Foster v. … admission under the categorical exception, it would clearly qualify under the residual exception.

Patten v. Board of Liquor License Commissioners

107 Md. App. 224 · Court of Special Appeals of Maryland · Nov 30, 1995

Accordingly, the circuit court’s decision to change a factual finding of the Board was clearly erroneous and not supported by the record. … There are two ways to establish an agency relationship, either by written agreement or by inference. Id.

Raynor v. Maryland Department of Health & Mental Hygiene

110 Md. App. 165 · Court of Special Appeals of Maryland · May 29, 1996

The court noted that appellant’s expert was only qualified as an expert on pediatrics and subsequently held that appellee’s expert testimony established that ferrets are wild animals and that the ferret in this case needed … Md.Code Ann, Health-Gen. § 18-313 (1986) authorizes appellee to establish regulations, inter alia, to control rabies.

In Re Adoption/Guardianship of Mark M.

147 Md. App. 99 · Court of Special Appeals of Maryland · Sep 13, 2002

qualified person. … The juvenile court’s determination that Helen M. had failed to establish good cause for the proposed examination was simply incorrect.

In the Matter of Williams Revocable Trust

234 Md. App. 472 · Court of Special Appeals of Maryland · Nov 1, 2017

On June 9, 2011, he executed his will (“Will”); established the Trust; and signed Articles of Incorporation (“Articles”) creating the Foundation. … One condition precedent to distribution was that the Foundation qualify as a section 501(c)(3) charity. That condition was not satisfied until June 3, 2014.

Akers v. State

Court of Appeals of Maryland · Feb 19, 2025

the established standard. … In my view, the answer is clearly yes.

Annapolis Market Place, L.L.C. v. Parker

369 Md. 689 · Court of Appeals of Maryland · Jul 18, 2002

According to the intermediate appellate court, facts regarding the off-site storm water drainage system were not “clearly established in the record,” and Petitioner “failed to direct [the court] to any evidence supporting … established in the record.”

Stitt v. United States Department of Education

532 B.R. 638 · District Court, D. Maryland · Jun 9, 2015

Corp. to determine-whether a debtor has established undue hardship within the meaning of section 523(a)(8). See Frushour, 433 F.3d at 400 (citing Brunner v. New York State Higher Educ. … ECF No. 20, at 12-13, maintaining that the Government’s own witness, Lola Horn, testified that those with defaulted student loans cannot qualify for loan consolidation. Id. at 15.

Peters v. Unsatisfied Claim & Judgment Fund Board

271 Md. 304 · Court of Appeals of Maryland · Mar 18, 1974

Referring to the language of the state military law which was virtually identical to § 525, the New York Court of Appeals said: “This plain language clearly indicates an intention to confine its limitation for the bringing … The special fund is a third party and cannot qualify. . . .” 87 N.E.2d at 428-29 .

Assateague Coastkeeper v. Maryland Department of the Environment

200 Md. App. 665 · Court of Special Appeals of Maryland · Sep 6, 2011

The FDM recognized that an AFO qualifies as a CAFO with fewer animals if it has a liquid manure system. … The FDM clearly addressed the studies; appellants cite no rule that required the FDM to explicitly discuss each piece of evidence presented by the parties.

Attorney Grievance Commission v. Keiner

421 Md. 492 · Court of Appeals of Maryland · Aug 19, 2011

Respondent was clearly responsible for all of the files in question and the effort to deceive the firm was clearly consistent. … Respondent is clearly remorseful and has generally been very cooperative with Bar Counsel.

Colburn v. Department of Public Safety & Correctional Services

403 Md. 115 · Court of Appeals of Maryland · Jan 14, 2008

Grievants are being required to perform duties and responsibilities that are clearly applicable to a different class, in violation § 7-102(e) of the State Personnel and Pensions Article, Md. … We hold that the ALJ did not err in concluding that appellants’ job duties qualified them for the administrative employee overtime exemption.

Davis v. Mayor and Alderman of City of Annapolis

98 Md. App. 707 · Court of Special Appeals of Maryland · Jan 5, 1994

[T]he one [statute] before us clearly posits entitlement upon death of a “member in service.” Id. at 694-95 , 296 A.2d 367 (emphasis added). Because the statute in effect and controlling at the time Lt. … Baltimore County, 487 F.Supp. 461, 467 (D.Md.1980), aff'd mem., 660 F.2d 488 (4th Cir.1981), applying Maryland law, interpreted Saxton as establishing that when a right is created in a pension plan, i.e., death-disability

Perry v. State

381 Md. 138 · Court of Appeals of Maryland · May 7, 2004

It is apparent from the record that the court was satisfied that competency had been established, and properly so. … When the State offered the witness as qualified, defense counsel objected and asked permission to question the witness. Id.

Western Maryland Railroad v. Kehoe

83 Md. 434 · Court of Appeals of Maryland · Jun 17, 1896

on the siding, and it was obvious error, in view of the special exception taken to this.prayer and founded on the want of such evidence, to leave to the jury the finding of a fact which there was no evidence whatever to establish … And his right to use it at all was obviously qualified by an obligation on his part to exercise proper care himself in using it; and hence his right to use it with due care gave him no right to use it recklessly.

Bledsoe v. Bledsoe

294 Md. 183 · Court of Appeals of Maryland · Aug 9, 1982

The real question is whether the Bledsoe home can qualify as a "family home” in light of the definition given to the term "child” as used in the statute. … Clearly, that phrase does not connote any different meaning than "children of the parties.”

Shell Oil Co. v. CITY COUNCIL OF BALTIMORE

225 Md. 463 · Court of Appeals of Maryland · Jun 12, 1961

Ewell then qualified as a traffic expert, and stated he had made an inspection and study of the corner in question. … We hold that the record clearly shows a reasonable basis to support the Board’s refusal to issue the permit, as an exercise of the police power.

Levin v. Hirschman

158 Md. 162 · Court of Appeals of Maryland · Jan 8, 1930

This contention, we think, is sound, and is the established rule in Maryland. Millers Eq. Proc., sec. 134, p. 172; Miller v. Baltimore Marble Co., 52 Md. 642 ; Dennison v. Yost, 61 Md. 139 ; Hogan v. … We are clearly of the opinion that the equity court has jurisdiction and full and ample power to determine all of the questions necessary to a complete distribution of the fund among those justly entitled.

A.H. v. Smith

367 F. Supp. 3d 387 · District Court, D. Maryland · Feb 8, 2019

Plaintiffs claim that Defendants failed to provide A.H., who has Autism, Common Variable Immune Deficiency, and Pediatric Acute Onset Neuropsychiatric Syndrome, with the Free Appropriate Public Education ("FAPE") to which … intervention plan], established a comprehensive plan for his academic and functional advancement."

Houedenou

District Court, D. Maryland · Apr 7, 2026

The term “discriminate against a qualified individual on the basis of disability” includes: not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified … Witnesses, parties, and judges have absolute immunity from civil liability for statements made in judicial proceedings and certain quasi-judicial proceedings. See Norman y.