Case law

Ledergerber v. Blubaugh

District Court, D. Maryland · Nov 30, 2020

Horner, 690 F.3d 183, 188 (4th Cir. 2012) (internal quotation marks and citations omitted), Additionally, because Corporal Blubaugh benefits from qualified immunity in relation to his discretionary actions as a law … Since the unlawfulness of misleading the prosecution and grand jury in this manner is long established, qualified immunity presents no barrier.

Bruce v. International Longshoremen's Ass'n

7 F. Supp. 2d 609 · District Court, D. Maryland · May 15, 1998

Lange rejected Bruce’s challenge, noting that MRO Plus, the facility selected by Bruce for voluntary testing, was not qualified to administer such tests. … In this case, the Seniority Board was clearly acting within the limits of its authority when it ruled, on October 22, 1996, that Baltimore longshoremen who were reinstated under the “third strike” provision would not be entitled

DePaola v. Scruggs

District Court, D. Maryland · Jul 16, 2025

DePaola; and (9) Defendants are entitled to qualified immunity. ECF No. 31-1. A. Exhaustion Defendants raise the affirmative defense that Mr. … CHASANOW United States District Judge 5 The court need not address Defendants’ qualified immunity defense.

Maryland Department of the Environment v. Underwood

368 Md. 160 · Court of Appeals of Maryland · Mar 5, 2002

clause ordinarily is confined to the immediately preceding words or phrase — particularly in the absence of a *176 comma before the qualifying phrase.... ” Sullivan v. … Based on the plain meaning of these words, this subsection clearly and unambiguously establishes that the State’s action to recover costs and interest is a “legal action.”

Akron, Canton & Youngstown Railroad v. United States

370 F. Supp. 1231 · District Court, D. Maryland · Jan 14, 1974

In § 6(6), the word “published” is not limited or restricted by any qualifying words whereas in § 6(3) the word “published,” as it initially appears in that section, is limited by the qualifying words “as aforesaid," referring … This clearly involved only “agency procedure, or practice” even though a failure to observe the rule might as a result lead to the loss of a substantive right to be considered for the license. In Kessler v.

Crabill v. Crabill

119 Md. App. 249 · Court of Special Appeals of Maryland · Jan 14, 1998

Crabill is a qualified paralegal and has held higher paying jobs in the past as a paralegal and as a personnel officer. *254 Mr. … Fixed-term, “rehabilitative” alimony is clearly preferred to indefinite alimony. Tracey, 328 Md. at 391 , 614 A.2d 590 .

Mayor of Rockville v. Goldberg

257 Md. 563 · Court of Appeals of Maryland · Apr 7, 1970

Carl Goldberg (Goldberg), exercising a not so silent majority of one, voted as the only qualified registered voter against the annexation by the Mayor and Council of Rockville (City), appellant, of a tract of 5.9 acres of … There are other references in §§ 409 to 427 which demonstrate that the basic thrust of this legislation was to establish generally the authority, manner and means by wTdeh a municipality could construct a water and sewerage

Federal Trade Commission v. Ameridebt, Inc.

343 F. Supp. 2d 451 · District Court, D. Maryland · Sep 24, 2004

Both provisions clearly embrace “credit counseling,” “counseling] and educating] consumers” on financial matters, and “providing] a fi *462 nancial roadmap for getting out of debt,” activities clearly admitted to by Ameri-Debt … [a]n individual who becomes [a] customer,” no later than when that customer relationship is established. An "[e]xample of establishing [a] customer relationship” includes "when the consumer ...

Ervin v. Corizon Health

District Court, D. Maryland · Dec 3, 2021

Ervin raised this allegation in Ervin I, but there was no evidence produced establishing that he qualified for ADA accommodations. See Ervin I, ECF 59 (Mem. … Rather, he simply reiterates claims that have been previously litigated and established to have no basis in fact.

Ramirez v. State

178 Md. App. 257 · Court of Special Appeals of Maryland · Feb 8, 2008

Further, it contends that the trial court was not clearly erroneous in finding that jury deliberations had not yet begun while the alternate was in the jury room, and in finding the presumption of prejudice was rebutted. … Although the alternate was in the jury room “after the door was shut,” the evidence clearly showed that she was there for just a few minutes, and at a point when actual deliberations had not yet begun.

Feldman's Medical Center Pharmacy, Inc. v. CareFirst, Inc.

898 F. Supp. 2d 883 · District Court, D. Maryland · Sep 28, 2012

Long, 599 F.2d 1316, 1319 (4th Cir.1979). 21 The moving party bears the burden of establishing causation. Ohio River, 511 F.3d at 415 . In Nadeau v. … It too may have been concentrating simply on getting the RSA license to qualify for the HIT agreement.

Chertkof v. Southland Corp.

280 Md. 1 · Court of Appeals of Maryland · Mar 22, 1977

Whether a lessor may avoid waiver of a breach of covenant by unilaterally qualifying his acceptance of subsequently accrued rent is a question which apparently we have never decided. … In these circumstances, we cannot say that the finding of waiver was clearly erroneous. Judgment affirmed; appellant to pay costs. 1 . This case has twice been the subject of an appeal.

UBS Financial Services, Inc. v. Padussis

127 F. Supp. 3d 483 · District Court, D. Maryland · Aug 26, 2015

On August 10, 2014, Padussis asked FINRA whether Borchini remained qualified to serve as non-public arbitrator. Pl. Ex. H. … Schaffran, 445 F.3d 121 , 127 (2d Cir.2006) (Rule 13413 "clearly and unmistakably evinces an intent to submit any disputes over the interpretation of the Code rules to arbitration”).

Cecil v. AAA Mid-Atlantic, Inc.

118 F. Supp. 2d 659 · District Court, D. Maryland · Oct 17, 2000

Further, “ERISA clearly preempts ... claims alleging improper administration of the plan.” All Risks, Ltd. v. Equitable Life Assurance Society, 931 F.Supp. 409, 414 (D.Md.1996). The basis of Mr. … In response, AAA contends that the agreement does not meet any of the tax code or reporting provisions required to create a “qualified plan.” (Def.s’ Reply at 8-9.)

Young v. State

14 Md. App. 538 · Court of Special Appeals of Maryland · Mar 2, 1972

The trial tactics pursued were clearly in furtherance of this strategy. … Then clearly within the court’s advisory capacity, it told them of the established law.

Mitchell v. State

115 Md. 360 · Court of Appeals of Maryland · Apr 5, 1911

This indictment, it seems to us, clearly and sufficiently charged an offense, within the statute, because the statute by its very terms prohibits the sale of spirituous, fermented and intoxicating liquors within the limits … The construction we have thus given the act here in dispute not only, we think, accords with the well-settled rules of statutory interpretation established by the Courts, but carries out the legislative purpose and intent

Grand Lodge v. Mayor of Baltimore

157 Md. 542 · Court of Appeals of Maryland · Jun 25, 1929

Baltimore City, 93 Md. 634 ), and the party asserting the exemption must show that the power to tax in the particular case has been clearly relinquished, and, as this court has said Jn Appeal Tax Court v. … Tax assessors are but ill qualified to exempt real property according to equitable interests,- and the valuation and assessment of land are an administrative function which a sound public policy would reduce to its simplest

Boyce v. McLeod

107 Md. 1 · Court of Appeals of Maryland · Nov 13, 1907

So *7 if we felt justified in approving of an order such as this, provided it was clearly established "that the parties were unable to otherwise procure the amount necessary for the purpose of an appeal, it could not be done … They have not in point of fact actively entered upon their duties as trustees, as the estate has not yet been settled, but conceding that by qualifying as executors, they thereby accepted the trusts created and imposed, upon

United States v. Frankfeld

100 F. Supp. 934 · District Court, D. Maryland · Oct 31, 1951

at page 569 of 48 S.Ct. it was said: “A standard which would forbid the reception of evidence, if obtained by other than nice ethical conduct by government officials, would make society suffer and give criminals greater immunity … thereto, it is my judgment that no useful purpose would now be subserved ’by hearing, the defendants’ motion to suppress, evidence of intercepted telephone communications, either the original messages or other evidence clearly

Comptroller v. FC-GEN Operations Inv.

482 Md. 343 · Court of Appeals of Maryland · Dec 19, 2022

The provisions pertaining to the newly established Tax Court were set forth in amendments to Article 81 of the Maryland Code (1957). … Jones had Maryland income from sources other than FC-GEN and, therefore, were not qualified to be included in the Composite Return.