Case law

United States v. The Pietro Campanella

41 F. Supp. 656 · District Court, D. Maryland · Oct 22, 1941

I clearly understood counsel for the Government to concur in this understanding of the effect of the Act of 1941. … , it has priority over or is subject to the claims for a right of forfeiture asserted by the United States, if established.

Old Republic Insurance v. Gordon

228 Md. App. 1 · Court of Special Appeals of Maryland · Apr 27, 2016

Gordon cannot establish any of the elements of equitable estoppel because it made no representation to her, she did not rely on any representation from Old Republic, and she was not harmed by any representation from Old Republic … The record reflects, however, that Old Republic clearly and consistently advised the circuit court that its claim against Ms. Gordon was based on its subrogation rights. The argument is not waived. .

Swanson v. State

9 Md. App. 594 · Court of Special Appeals of Maryland · Jun 30, 1970

But here, where there is unanimity of opinion from an impartial and qualified staff of a psychiatric hospital maintained for this purpose at great expense to the taxpayers, the Court is unable to see why it should further … The cases clearly support Judge Kenney’s conclusion. In McGarty v.

One Thousand Fleet Ltd. Partnership v. Guerriero

346 Md. 29 · Court of Appeals of Maryland · Jun 12, 1997

A bad motive alone is not sufficient to establish an abuse of process. … To qualify as a “special injury,” the damages must be different than those that ordinarily result from all suits for like causes of action.

Mogul v. Gaither

142 Md. 380 · Court of Appeals of Maryland · Jan 11, 1923

In these respects, the title is not only too narrow, but it is clearly misleading. … State, 62 Md. 237 , the Court sustained an -act where the title was, “An act to enable the qualified voters of Harford County to determine by ballot whether intoxicating liquors or alcoholic bitters shall be sold therein,

United States Ex Rel. Ackley v. International Business MacHines Corp.

76 F. Supp. 2d 654 · District Court, D. Maryland · Nov 17, 1999

He therefore can survive a dismissal only if he can establish his status as an original source. VI. … Precisely what it would mean to have voluntarily provided the information to the government before filing the lawsuit under 31 U.S.C. § 3730 (e)(4)(B) is not something settled in the caselaw or clearly specified in the statute

Baltimore County FOP Lodge 4 v. Baltimore County

565 F. Supp. 2d 672 · District Court, D. Maryland · Jun 29, 2008

Nonetheless, the relative importance and weight of the several relevant factors are not clearly defined. … Furthermore, defendants in FLSA cases have the burden to "prove by clear and convincing evidence that an employee qualifies for exemption.” Shockley v. City of Newport News, 997 F.2d 18, 21 (4th Cir.1993). 3 .

Blankumsee v. Beachley

District Court, D. Maryland · Feb 7, 2020

Defendants Larry Hogan, the Governor of Maryland, Joseph Michael, Deputy State’s Attorney for Washington County, and Dayena Corcoran, former Commissioner of the Division of Correction, was without prejudice, and “did not clearly … Further, to establish an Eighth Amendment claim, a plaintiff must show that the defendant “acted with ‘deliberate indifference’ (subjective) to the inmate’s ‘serious medical needs’ (objective).” Iko v.

Miller v. Bosley

113 Md. App. 381 · Court of Special Appeals of Maryland · Jan 30, 1997

The trial judge, based upon a report and recommendation of a master, issued his order establishing pendente lite custody and visitation for the minor child. … Litigants in all judicial proceedings are entitled to have their cause determined ultimately by a duly qualified judge of a court of competent jurisdiction.

Wheeler v. State

459 Md. 555 · Court of Appeals of Maryland · Jun 25, 2018

by the Maryland Department of Health, the Department of State Police, the Baltimore City Police Department, or any county police department employing analysts of controlled dangerous substances, as qualified … The three closely related sections, read in conjunction with each other, clearly facilitate admissibility (subject to the two exceptions) rather than create some new ground for exclusion.

Conway v. Kijakazi

District Court, D. Maryland · Aug 10, 2023

When a plaintiff has failed to establish a waiver of sovereign immunity, a federal court lacks jurisdiction to hear the case. Id. … Supp. 2d at 330 (explaining that “[i]n order for employees in human resources positions to claim retaliation they need to first clearly establish that they were engaged in protected activities other than the general work

Nelley v. Mayor of Baltimore

224 Md. 1 · Court of Appeals of Maryland · Dec 15, 1960

As to the first question it is established that the parties to a contract may provide for the submission of disputes with respect to the contract to an arbitrator who is an official or representative of one of the parties … that the Arbitration Clause was broad enough to include disputes involving claims of concealment or misrepresentation in the inducement of the substantive contract; that the referee designated as such in the contract was qualified

Howard County v. Dorsey

45 Md. App. 692 · Court of Special Appeals of Maryland · Jun 12, 1980

The CDC wanted a second opinion and so retained the services of Louis Earl Armiger, Jr., a qualified planning consultant. … Rutter) 1 think its [sic] clearly its [sic] clearly shown that — (Mr. Goldberg) Let me finish and I’ll give these questions — (Mr. Rutter) It is clearly shown on the map that it is only connected by the road.

Coca-Cola Co. v. Dixi-Cola Laboratories, Inc.

31 F. Supp. 835 · District Court, D. Maryland · Feb 27, 1940

There was merely an attempt to color and to make more palatable a long-established medicine, namely, quinine, by adding chocolate. … As used, I think it is but a coined word mark, and is not ‘clearly descriptive’ of the character of the beverage.

Vocci v. Ambrosetti

201 Md. 475 · Court of Appeals of Maryland · Oct 1, 1981

The Chancellor’s first reaction was against the admission of such testimony, in recognition of the established rule of evidence. … The challenged testimony does not qualify under this test.

Chilcoat v. Reid

154 Md. 378 · Court of Appeals of Maryland · Jan 12, 1928

In due course they qualified and reported .a sale of the property at a price which left in their hands for distribution $13,388.46. … establish the fact of his renunciation.

Center for Constitutional Rights v. Lind

954 F. Supp. 2d 389 · District Court, D. Maryland · Jun 19, 2013

Minor, 228 F.3d 352, 356-57 (4th Cir.2000) (“When constitutional interests are ... clearly implicated, federal courts have broad discretion to fashion a remedy in equity.”) (citing, inter alia, Bell v. … Preliminary injunctive relief clearly is not warranted as to this issue, nor do plaintiffs seem to seek it at this juncture. k.

Eckstein v. Eckstein

38 Md. App. 506 · Court of Special Appeals of Maryland · Jan 12, 1978

The wife consulted Legal Aid but was advised that she did not qualify for their assistance. … We are, of course, aware of the strictures of Maryland Rule 1086, which cautions that the judgment of the lower court shall not be set aside on the evidence unless clearly erroneous.

Curry v. Prince George's County, Md.

33 F. Supp. 2d 447 · District Court, D. Maryland · Jan 26, 1999

(the) ordinance clearly conflicts with ... Metromedia, [Inc. v. San Diego, 453 U.S. 490 , 101 S.Ct. 2882 , 69 L.Ed.2d 800 (1981) ]”; Collier v. … City of Ladue’s ordinance, to be sure, established a nearly total ban on residential signs.

Mueller v. People's Counsel

177 Md. App. 43 · Court of Special Appeals of Maryland · Nov 2, 2007

People’s Counsel suggests that Lot 67 does not qualify for relief under BCZR § 304 or BCZR § 307. … Of import here, the Court of Appeals has said: “ ‘It is a clearly established rule in the law of zoning that a court may not substitute its judgment for that of the Zoning Board.’ ” Stansbury v.