Case law

Williams v. Dandridge

297 F. Supp. 450 · District Court, D. Maryland · Feb 25, 1969

This amendment added first cousins, nephews and nieces to the qualifying-group. 12 . … The 1967 Amendments, P.L. 90-248, 81 Stat. 821 , inter alia, established a work incentive program for recipients, provided for the employment of qualified recipients in administering the- program and provided means for locating

Lett v. State

51 Md. App. 668 · Court of Special Appeals of Maryland · Jun 2, 1982

He reasoned that the two convictions did not qualify as separate occasions as provided by Article 27, § 643B (c). … Together they give little succor in establishing the ambiguity needed by the state.

Colleges and Universities Public Safety – The Johns Hopkins University Police Department – The Extent of the Police Department's Off-Campus Jurisdiction – How Community Support for that Jurisdiction is Determined

Maryland Attorney General Reports · May 5, 2020

At the risk of stating the obvious, the degree of adjacency to campus diminishes the farther away an area is from the campus border; a neighborhood block that adjoins the campus area is clearly adjacent to the campus, while … See, e.g., ED § 24-1205 (explaining that the purpose of the University Police Accountability Board, which must be established in tandem with the establishment of the Hopkins PD, is to “[e]nable community members to share

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.

Fox v. Statebridge Company, LLC

District Court, D. Maryland · Feb 10, 2023

, since the proposed amendments would have also been dismissed under Rule 12(b)(6) on sovereign immunity grounds). … 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.

Redman v. State

363 Md. 298 · Court of Appeals of Maryland · Mar 9, 2001

The majority minimizes the fact that the right is designed to afford a fair trial in cases that qualify for the death penalty. … In such instances, the defendant should not have to establish prejudice. The establishment of prejudice is an impossibility, I would suggest — in the circumstances here present.

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.

Nephew Mini Market, LLC. v. United States

District Court, D. Maryland · Aug 18, 2022

The Fourth Circuit has reiterated that the defense of sovereign immunity is a jurisdictional bar, explaining that “‘sovereign immunity deprives federal courts of jurisdiction to hear claims, and a court finding … Am., Inc. 707 F.3d 451 (4th Cir. 2013)] is binding circuit precedent that is clearly dispositive of the issue.

Medsense, LLC v. University System of Maryland

District Court, D. Maryland · Jul 6, 2020

In an attempt to establish that Defendants are not immune on this basis, Plaintiff’s Proposed Complaint makes several allegations in Counts II, III, IV, and IX. … In sum, the Court does not find that the allegations plausibly establish that Dr.

Carter

District Court, D. Maryland · Jul 16, 2026

Count II adequately states a Monell claim that can proceed regardless of qualified immunity determinations for individual defendants. … First, the court previously determined that Defendant Harrison was entitled to qualified immunity. (ECF No. 21 at pp. 17–21.)

Hobby v. Burson

222 Md. App. 1 · Court of Special Appeals of Maryland · Feb 27, 2015

To qualify as a reasonable effort under 24 C.F.R. §203.604, the mortgagee must send at least one letter to the mortgagor and make one trip to the mortgaged property. … As the trial court properly found, this clearly established that Freedom made a 7 We note that the Field Contact Sheet is accompanied by photographs of the mortgaged property, taken by Freedom’s representative

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.

ARONSON & COMPANY v. Fetridge

181 Md. App. 650 · Court of Special Appeals of Maryland · Sep 12, 2008

To qualify for the deduction, federal regulations require that payments be purely for services. … It contends first, from Cines’ testimony and November 16, 2001 correspondence *676 from Aronson’s counsel informing Fetridge of the balance in his Deferred Compensation Account, that Aronson clearly intended to pay Fetridge

Cushman & Wakefield v. DRV Greentec

463 Md. 1 · Court of Appeals of Maryland · Mar 4, 2019

The Court of Appeals AFFIRMED, holding that even if petitioners qualified as third-party beneficiaries, that only gave them the right to sue whomever was liable. … Finally, the court concluded that the plaintiffs had failed to establish the requisite elements of quantum meruit. The Court of Special Appeals affirmed for largely the reasons given by the Circuit Court.

Housing Opportunities Comm'n v. Adebayo

Court of Special Appeals of Maryland · Jun 28, 2023

By contrast, “[t]here are cases holding that where a private graveyard [e.g., a family graveyard] is established and clearly marked out, and markers maintained, an implied reservation or easement is created.” … Despite the late-Victorian verbosity of the 1888 statute, the literal terms of the opening clause clearly establish that the entity that is required to act is “the court.”

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.” .

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.

Shenk v. Humane Society of Carroll Co., Inc.

District Court, D. Maryland · Jan 27, 2022

Section 5-301(d)(26) is clearly the correct provision. … However, C.J. § 5-507 “is merely a codification of existing common law public official immunity, and common law qualified immunity has no application in tort actions based upon alleged violations of state constitutional

Andrews v. Governor of Maryland

294 Md. 285 · Court of Appeals of Maryland · Oct 7, 1982

establishing its constitutional infirmity. … It is in the 1864 Constitution that the restriction first appears that "[w]hen two or more amendments shall be submitted by the General Assembly to the qualified electors of the State at the same election, they shall be so

Brown v. Hebb

167 Md. 535 · Court of Appeals of Maryland · Nov 5, 1934

as it was, into a promise to pay a much larger amount, which his other remarks clearly, as we think, show he deemed an unjust demand?. … Such an admission would clearly seem to be within the obvious and apparent scope of the agency, formally made, and admissible.