Case law

Dicken v. United States

862 F. Supp. 91 · District Court, D. Maryland · Aug 31, 1994

While federal judges in Kansas are not necessarily better qualified than this Court to apply Kansas law, they are undoubtedly more familiar with it, a further consideration justifying transfer. Cf. Gulf Oil Corp. v. … reasonably be had only if the case were tried in Charlotte____ The question of transfer under 28 U.S.C. § 1404 (a) was, of course, a matter resting in the sound discretion of the District Judge, but we cannot imagine a case more clearly

Cunninghame v. Cunninghame

364 Md. 266 · Court of Appeals of Maryland · May 11, 2001

Petitioner alleged that the letter alone was enough to establish a claim against Ferguson’s estate. … Under these circumstances, we hold that the trial judge was clearly erroneous in finding that Elizabeth’s estate had proved its claim.

Jones v. Collins

94 Md. 403 · Court of Appeals of Maryland · Jan 17, 1902

We apprehend that the ruling of the Court in the case before us was based upon the form of the question, which we think clearly objectionable, because it simply asked whether she regarded him as "entirely sane," and did not … Ward, 53 Md. 382 , it is not qualified, as in that case, by requiring it to be considered in connection with all the other instructions granted upon that subject.

Cannon v. Cannon

156 Md. App. 387 · Court of Special Appeals of Maryland · Apr 15, 2004

[Appellant] has testified that he filled out a form stating his assets when he was applying to qualify for a loan for the new house. … The trial judge’s findings in this regard were not clearly erroneous.

Rachel-Smith v. FTData, Inc.

247 F. Supp. 2d 734 · District Court, D. Maryland · Feb 13, 2003

As a result, Judge Day issued an Order on May 23, 2002 clearly instructing that an unobtrusive tape recording device may be used during the IME but that there would be no technician to monitor the examination, no transmission … Plaintiff has therefore established the third element of the prima facie case for hostile work environment.

National Constructors Ass'n v. National Electrical Contractors Ass'n

498 F. Supp. 510 · District Court, D. Maryland · Sep 9, 1980

The first requirement, that NCA’s members or any one of them would have standing to sue in their own right, is clearly met. … Those services are clearly within a commercial market subject to the antitrust laws.

Stokes v. State

379 Md. 618 · Court of Appeals of Maryland · Feb 18, 2004

At least two courts have required the defendant to establish prejudice. See Potter v. Perini, 545 F.2d 1048, 1050 (6th Cir.1976); State v. Grovenstein, 335 S.C. 347 , 517 S.E.2d 216, 218 (1999). … At issue was the meaning of “when the jury retires to consider its verdict,” contained in Rule 4-312(b)(3). 9 We concluded as follows: “[A]n alternate juror who remains qualified to serve may be substituted for a regular

Fornshill v. Ruddy

891 F. Supp. 1062 · District Court, D. Maryland · Jul 24, 1995

For the reasons set forth more clearly below, the Court will treat Defendants’ motion to dismiss as one for summary judgment. … See New York Times, 376 U.S. at 269 , 84 S.Ct. at 720 (“libel can claim no talismanic immunity from constitutional limitations”).

Louis Eckels & Sons Ice Manufacturing Co. v. Cornell Economizer Co.

119 Md. 107 · Court of Appeals of Maryland · Dec 5, 1912

If it could be held technically an error to exclude these questions, it was clearly not a harmful error. Dr. W. B. D. … This clearly implied that he would make no objection to the amount claimed to be due as the purchase money of the machines.

University Nursing Home, Inc. v. R.B. Brown & Associates, Inc.

67 Md. App. 48 · Court of Special Appeals of Maryland · Apr 2, 1986

Clearly these would give rise to two separate damage claims. … I just don’t think he is qualified.

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.

In re Adoption/Guardianship of Tracy K.

434 Md. 198 · Court of Appeals of Maryland · Aug 23, 2013

This argument is inconsistent with the established jurisdiction over related family law matters. Maryland law grants the circuit and juvenile courts the jurisdiction to terminate parental rights. … The guardian need not be approved by or qualify in any court.” .

Shapiro & Duncan, Inc. v. Payne

215 Md. App. 674 · Court of Special Appeals of Maryland · Jan 29, 2014

The parties’ dispute centers on whether Payne’s interstate employment qualifies him as a “covered employee” under L.E. § 9–203(a)(2). … On review, we are persuaded that the trial court’s findings of fact, to which we must defer, are not clearly erroneous. See W.M.

Bernstein v. Maryland

674 F. Supp. 2d 703 · District Court, D. Maryland · Dec 15, 2009

Section 3A clearly meets the test. The prime reason for an upper age limit is to weed out judges who are reaching a time when the degradations of age are taking a physical and mental toll. … This process will ensure that the recalled judge, though past 70, is still physically and mentally qualified to serve in a demanding and important post.

Parker v. Whole Foods Market Group, Inc.

District Court, D. Maryland · Jun 27, 2024

, since the proposed amendments would have also been dismissed under Rule 12(b)(6) on sovereign immunity grounds). … would run contrary to the Fourth Circuit’s well-established “policy to liberally allow amendment in keeping with the spirit of Federal Rule of Civil Procedure 15(a),” Galustian, 591 F.3d at 729.

Taylor v. State

Court of Special Appeals of Maryland · Jul 30, 2015

6 unless clearly erroneous, and give due regard to the court’s opportunity to assess the credibility of witnesses.” Id. … First, Mothersell clearly stated that in his experience, “I’ve had several DUI arrests where there’s plenty of open containers left in the vehicle.”

Schwartz v. Rent-A-Wreck of America

261 F. Supp. 3d 607 · District Court, D. Maryland · Jun 29, 2017

To establish civil contempt, the moving party must establish each of the following elements by clear and convincing evidence: (1) the existence of a valid decree of which the alleged contem-nor had actual or constructive … Clearly someone in RAWA’s organization prepared a script for these call center employees to use. . The Fourth Circuit, in Consol. Coal Co. v.

Allen v. Califano

452 F. Supp. 205 · District Court, D. Maryland · Feb 8, 1978

Wilson had not satisfied her burden of establishing Clifton Berry’s paternity of her son. (Wilson R. 9). … That an infant qualifying under this section as a child is to be considered a legitimate child, and therefore dependent under 42 U.S.C. § 402 (d)(3), has been established by the Supreme Court. Mathews v.

Blum v. State

56 L.R.A. 322 · Court of Appeals of Maryland · Jan 17, 1902

Sonnehill, counsel for the Blums, were appointed receivers ; that upon qualifying, he went to the store and took the key from the constable who was in charge under an attachment which had been issued, and opened the store … Renlein, supra, “that fact is not so clearly established as to justify us in saying that a fraud was perpetrated through the medium of the agency of a character sufficient to justify criminal proceedings therefor.”

In Re Kotche

457 B.R. 434 · United States Bankruptcy Court, D. Maryland · Sep 22, 2011

From this evidence, the court finds that Debtor has clearly not been complete or forthright in her disclosures on Schedule B and answers on her Statement of Financial Affairs. … Bankruptcy Court for the Eastern District of New York held in In re Armstrong, 408 B.R. 559 (Bankr.E.D.N.Y.2009) that “the Second Circuit’s decision in Barbieri is no longer good law” after Marrama because “ ‘the important point established