Case law

Creswell v. Baltimore Aviation Service, Inc.

257 Md. 712 · Court of Appeals of Maryland · May 6, 1970

But this analogy is not applicable to situations like the one before us, where the governing application is only to change one existing use, established under a comprehensive zoning plan, to another existing, established … It might not have been error to have zoned the subject property R. 40 but clearly it was not error to have zoned it R. 20.

Keirsey v. State

106 Md. App. 551 · Court of Special Appeals of Maryland · Sep 1, 1995

The reliability of RFLP test results has been established. … each phase of the test was in proper working order, and (2) the persons operating the equipment at every stage in the process were qualified to do so.

Swam v. Upper Chesapeake Medical Center, Inc.

397 Md. 528 · Court of Appeals of Maryland · Mar 16, 2007

The Swams subsequently filed a Certificate of Qualified Expert and report from Stephen Goldberg, M.D., in accordance with § 3-2A-04(b). Dr. … Leiman, 52 Md. 708, 718 (1880) (observing that the running of a statute of limitations may be suspended if there is a “certain and well-defined exception clearly established by judicial authority”).

Reuter v. Reuter

102 Md. App. 212 · Court of Special Appeals of Maryland · Oct 11, 1994

Did the trial court err when it established husband’s child support obligation? IV. … Those same five factors may also be considered when establishing a parent’s potential income. Goldberger, 96 Md.App. at 327-28 , 624 A.2d 1328 .

Ledergerber v. Blubaugh

District Court, D. Maryland · Aug 24, 2023

In Rehberg, the Court was asked to determine whether the well-established rule granting trial witnesses absolute immunity from § 1983 claims applied with equal force to testifying grand jury witnesses. 566 U.S. … Defendants contend that plaintiffs have failed to establish gross negligence or actual malice, such that Corporal Blubaugh is entitled to MTCA immunity from plaintiffs’ negligence claim.

Dimensions Health Corp. v. Maryland Insurance Administration

374 Md. 1 · Court of Appeals of Maryland · Apr 7, 2003

So far as we can tell, United did not raise as an issue, at that time, whether, because of their respective relationships with MPPI and DHN, Mercy or DHC qualified as external providers. … Mercy, never contesting that it was a shareholder of MPPI, does not seek to establish liability under § 19-732.1.

Lee v. Housing Auth. of Baltimore

203 Md. 453 · Court of Appeals of Maryland · Oct 31, 2001

The entries do not. undertake to establish the cause of the' explosion, but merely relate to the nature of the substance causing, the burns, gas, and the character of the combustion, an explosion.. … In the case at bar the control retained by the Housing Authority, as landlord, was a qualified one, and there was at least the possibility of access by others. It did not manufacture the heater but merely installed it.

Henderson v. Watts

District Court, D. Maryland · Dec 19, 2023

to allege a serious or significant physical or emotional injury or that the Defendants were deliberately indifferent; and (4) the Defendants are entitled to qualified immunity. … Because the Complaint will be dismissed for the foregoing reasons, the Court need not address Defendants’ ‘remaining argument that they are entitled to qualified immunity.

(1998)

83 Op. Att'y Gen. 84 · Maryland Attorney General Reports · May 5, 1998

Credit unions may only offer their services to those individuals who qualify under applicable law for membership. … The determination of a proper field of membership is the basic "activity" upon which their ability to offer services is established.

Broadwater v. State

401 Md. 175 · Court of Appeals of Maryland · Sep 13, 2007

If you qualify for their services, they -will provide a lawyer for you. If you don’t qualify for their services, they won’t and you’ll have to decide if you want to hire one or make other arrangements with a lawyer. … months to ascertain whether she so qualified or, failing that, to find private counsel.

Contract Materials Processing, Inc. v. Kataleuna GmbH Catalysts

222 F. Supp. 2d 733 · District Court, D. Maryland · Sep 19, 2002

However, CMP has failed to generate any evidence demonstrating that the Technology qualifies as a trade secret under the Act. Nor has CMP provided any detail or description of what it claims to be trade secrets. … The subjective misconduct prong of the test for bad faith is established in this *748 record by clear and convincing evidence.

Caton Ridge Nursing Home, Inc. v. Califano

447 F. Supp. 1222 · District Court, D. Maryland · Mar 6, 1978

Soon thereafter, the patient beneficiaries, including the plaintiff, Ethel Grabill, were transferred to qualified nursing homes. … Clearly, the transfer there resulted in a drastic change in and diminution of services.

Tribue v. State of Maryland

District Court, D. Maryland · Sep 13, 2024

° Defendants also argue that Dunlap’s and Diaz’s § 1983 claims are barred by the statute of limitations and that the individual Defendants are entitled to qualified immunity. … In support, ‘Plaintiffs cite to two cases discussing qualified immunity, not whether a plaintiff has stated a plausible claim of supervisory liability. See ECF 32, at 20 (citing to Bennett v. N.

Catler v. Arent Fox, LLP

212 Md. App. 685 · Court of Special Appeals of Maryland · May 30, 2013

The court additionally erred by finding that appellants’ experts failed to state clearly enough the precise scope of the duty owed. … Fine are qualified ... my view is that their opinions are ‘because I said so’ opinions....

Robert v. United States

399 F. Supp. 2d 650 · District Court, D. Maryland · Oct 31, 2005

The magistrate judge sustained the objection on the basis that the statement was a self-serving one that did not qualify under any exception to the hearsay rule. … Parker, the Tenth Circuit held that although "[t]he odor of marijuana in the passenger compartment of a vehicle does not . . ., standing alone, establish probable cause to search the trunk of the vehicle . . ., an officer

Haney v. Marshall

9 Md. 194 · Court of Appeals of Maryland · Jun 15, 1856

Which rules were made and established by the judges of that court, at November term 1802. Evans' Pr. 529, 530 & 531. … But this court cannot refuse to reverse, on account of no injury having been done, by a prayer either erroneously *216 granted or rejected, unless the record clearly shows the absence of injury.

People's Counsel v. Public Serv. Comm'n

Court of Special Appeals of Maryland · Jan 28, 2016

OPC’s second asserted grounds are nowhere near as clearly defined as the first. … -37- BGE had taken the position that each “asset class” qualified as a single “project.”

Alexis v. State

437 Md. 457 · Court of Appeals of Maryland · Mar 24, 2014

Additionally, included as part of the right to assistance of counsel, is the qualified right of a defendant to select and be represented by one’s preferred attorney. … See also Goldsberry, 419 Md. at 118, 18 A.3d at 847 (“The right to counsel of choice . . . is qualified.”).

O'Hara v. Shepherd

3 Md. Ch. 306 · High Court of Chancery of Maryland · Mar 15, 1851

But the Chancellor does not see very clearly how the question is brought before him, or by what form of order or decree he can settle it. … The deposition of William McNeir, the mortgagor, taken before the Auditor on the 18th of September, 1852, is so full, explicit, and unanswerable, and so completely establishes the knowledge, consent, and co-operation of George

Habron v. Epstein

412 F. Supp. 256 · District Court, D. Maryland · Apr 6, 1976

While the cases cited by plaintiff illustrate situations wherein the Court declared the statute in question unconstitutional, the statutes in those cases were clearly dissimilar to the one at hand— James v. … These results, which are likely to flow from Section 105A, are palpably sufficient to pass McGowan scrutiny by clearly offering a legitimate purpose for the statute.