Case law

Lehman, Exec. v. Kairys, Exec.

217 Md. 359 · Court of Appeals of Maryland · Jun 18, 1958

Edelen, 11 Md. 415, 424 , the Court approved payment to the administratrix for her services “in nursing servants while sick, and furnishing them with necessaries * * * ”, saying that this item was “clearly within the-principles … If the executor had thought that the best interests of the estate required a qualified executive to direct the affairs of the corporation and had utilized the ownership of the stock of the corporation to make that person

Erie Insurance v. Chops

322 Md. 79 · Court of Appeals of Maryland · Feb 11, 1991

Rather clearly, we think, the trial judge’s determination that Erie failed to notify the MVA of the cancellation of Iser’s insurance within the time required by the statute is supported by the evidence. … See, however, Art. 48A, § 243H(a)(3)(v), expressly excluding subrogated insurers as qualified claimants against the Maryland Automobile Insurance Fund.

Cromwell v. Royal Canadian Insurance

49 Md. 366 · Court of Appeals of Maryland · Jun 28, 1878

This is all the testimony the record contains, but it shows very clearly that when this paper left the City of Balti *376 more it was an incomplete., unexecuted instrument, forming and evidencing a'contract with no one ; … Eagle Insurance Company of Cincinnati, 10 Gray, 131 , where the defendant corporation was a company created by the laws of Ohio and established at Cincinnati, but had *377 an agent in Boston, duly authorized to make insurance

Wright v. State

312 Md. 648 · Court of Appeals of Maryland · Jun 7, 1988

“That was clearly a misstatement. Everybody understands that as far as the parties to the case are concerned, but that is what you heard. “Because that is what you heard, ... … It is firmly established that an accused has a constitutional right to a fair trial. State v. Babb, 258 Md. 547, 552 , 267 A.2d 190 (1970).

Hockaday v. Schloer

125 Md. 677 · Court of Appeals of Maryland · Apr 21, 1915

Clark, 90 Md. 346 , probably expresses the rule as clearly and .comprehensively as it is anywhere stated, and it is certainly the rule in this State as established by both prior and subsequent decisions. … This rule is qualified when the servant, by reason of tender years, is unable to appreciate or understand those perils from his own observation.

Boyd v. Coventry Health Care Inc.

828 F. Supp. 2d 809 · District Court, D. Maryland · Nov 18, 2011

a contrary decision of law applicable to the issue, or (3) the prior decision was clearly erroneous and would work manifest injustice.’ ” See Sejman, 845 F.2d at 69 (quoting EEOC v. … Pertinently, the Plan states: All or some of the Participant’s Account may be invested in Qualifying Employer Securities.

Wedderburn v. Board of Education of Baltimore County

District Court, D. Maryland · Apr 3, 2025

To establish constructive discharge under the ADA, a plaintiff must show that (1) “[s]he was a qualified individual with a disability; (2) [s]he was discharged; (3) [s]he was fulfilling h[er] employer’s legitimate expectations … As explained in Part III.C.5, Plaintiff cannot establish that she was a qualified individual with a disability under the ADA.

Glass v. Anne Arundel County

38 F. Supp. 3d 705 · District Court, D. Maryland · Aug 7, 2014

Thus, the Court finds that Russell is sufficiently qualified to survive this motion to strike. 22 b. … Even if Collier's testimony at Glass's trial was false, witnesses are absolutely immune from damages liability for trial testimony. See Briscoe v. LaHue, 460 U.S. 325, 326 , 103 S.Ct. 1108, 1111 , 75 L.Ed.2d 96 (1983).

Bradley v. Bradley

119 Md. 645 · Court of Appeals of Maryland · Feb 13, 1912

She qualified as such executrix and took possession of his real *647 and personal estate, amounting in value to about one hundred thousand dollars, all of which passed to her under the terms of the alleged will. … What is' meant by the term “probate” and the effect to be given to it is clearly defined and stated in 40 Cyc. page 1223, where it says that the term probate “when properly defined and strictly used, relates to proving and

State v. Rogers

240 Md. App. 360 · Court of Special Appeals of Maryland · Mar 28, 2019

Rogers qualified as a tier II sex offender and was required to register upon release from prison because he was convicted of violating CR § 11-303 and his victim was a minor. Mr. … Rogers filed a complaint in the circuit court seeking a declaratory judgment that he was not required to register as a sex offender because, he argued, the State had failed to establish that his victim was, in fact, a minor

Montgomery County v. Lindsay

50 Md. App. 675 · Court of Special Appeals of Maryland · Feb 5, 1982

Lindsay, by a document entitled "Authorization to establish or change deductions,” dated January 25,1978, was designated by Angerman as the primary beneficiary of his retirement contributions. … It seems apparent to us that the qualifying word "unless”, which means "[e]xcept on condition that” (See American Heritage Dictionary), modifies the word preceding it, "member”.

Fultz v. Shaffer

111 Md. App. 278 · Court of Special Appeals of Maryland · Aug 29, 1996

QUALIFIED DOMESTIC RELATIONS ORDER The husband specifically agrees to cooperate with the wife, to perform any acts, and to execute any documents, necessary to enable the wife to prepare obtain [sic] a Qualified Domestic Relations … He stated that the intent of the parties “clearly excluded the possibility that [Ms.

Attorney Grievance v. Merkle

Court of Appeals of Maryland · Nov 24, 2014

“The rationale behind the clearly erroneous standard is settled. … In the present case, Bar Counsel did not establish that Mr. Merkle and Ms. Coates had a sexual relationship or that Mr. Merkle attempted to establish one.

Mayor of Baltimore v. Baltimore City Firefighters Local 734

136 Md. App. 512 · Court of Special Appeals of Maryland · Feb 5, 2001

L.Rev. 1221, 1267 (1985). 5 In sum, the Charter clearly establishes that the City must submit disputes over terms and conditions of employment to arbitration. … Rules 28 and 29 call for preferential hiring of qualified persons in the organizational unit who have previously been laid off.

Wholey v. Roebuck

370 Md. 38 · Court of Appeals of Maryland · Jun 19, 2002

That the petitioner was discharged and that the basis for the petitioner’s discharge was his investigation of the store manager and subsequent reporting to his supervisors have been clearly established. … The Arkansas Supreme Court similarly established public policy favoring employee informants in Sterling Drug, Inc. v.

Ridge Heating, Air Conditioning & Plumbing, Inc. v. Brennen

135 Md. App. 247 · Court of Special Appeals of Maryland · Nov 13, 2000

One who is in the trade is clearly in a better position than an owner to know whether the contractor is in a financially unstable position. … Clearly, the addition in this case was “on the land of the owner.”

Linder v. Litton Systems, Inc. Amecom Division

81 F.R.D. 14 · District Court, D. Maryland · Nov 24, 1978

He is clearly inadequate to represent present employees, unhired applicants, and future employees. … Q: Do you know any qualified black who was refused employment by Amecom so that a less qualified white person could be hired? MR. JOHNSON: You mean other than himself? MR. FRIED: Yes, other than allegedly himself.

Wilson v. State

136 Md. App. 27 · Court of Special Appeals of Maryland · Nov 2, 2000

The Court held that the medical examiner was qualified as an expert, thus satisfying Md. … This clearly establishes a base of knowledge from which the State could argue a motive on the part of Defendant to murder an infant child for $150,000 in insurance proceeds.

Aubinoe v. Lewis

250 Md. 645 · Court of Appeals of Maryland · Aug 23, 1968

We will not hold that his finding was clearly erroneous. Maryland Rule 886a. The present case is similar in this regard to Chatham Corp. v. … Dutton, Jr., a qualified planning expert, E. J. Dieudonne, Jr., the same real estate expert who testified at the hearings in regard to Application E-177 concerning the 2.7953 parcel, and Burton H.

Pennsylvania National Mutual Casualty Insurance v. Bierman

266 Md. 420 · Court of Appeals of Maryland · Jul 11, 1972

Lave is an executive officer of the named insured, Gareis, and qualifies as an insured under the policy issued to Gareis. The case came on for trial in June 1971 before Perrott, J., without a jury. … If the insurer wishes to further exclude its liability, it could clearly so state in its contract and its failure to do so should be strictly construed.