Case law

Benkin v. Benkin

71 Md. App. 191 · Court of Special Appeals of Maryland · May 6, 1987

Benkin’s qualifying for an indefinite alimony award based solely on “age, illness, infirmity or disability” under subsection (c)(1), we must now address the impact of her age, qualifications and whatever disability she might … wholly or partly self-supporting; (2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment; (3) the standard of living that the parties established

Ellsworth v. Sherne Lingerie, Inc.

60 Md. App. 104 · Court of Special Appeals of Maryland · Dec 26, 1984

On the other hand, it would be for the defendant, if they established — if the plaintiff established what I just mentioned, it would be the burden of the defendant to show that the defendant [sic] misused the product. … Stephen Spivak, a professor in the Department of Textiles and Consumer Economics at the University of Maryland, who qualified as an expert in the flammability of fabrics and apparel.

Grier v. HUD

District Court, D. Maryland · Nov 1, 2022

As to the sovereign immunity issue, Ms. … Grier’s FTCA claims because she has not established that a waiver of sovereign immunity applies.

Patterson Park Public Charter School, Inc. v. Baltimore Teachers Union

399 Md. 174 · Court of Appeals of Maryland · May 11, 2007

It allows the Operator to hire non-traditional, but highly qualified, candidates. … Clearly, therefore, when a defining element or requirement of public charter schools was subject to waiver, Section 9-102 so stated.

Mahoney v. Devonshire, Inc.

86 Md. App. 624 · Court of Special Appeals of Maryland · Apr 2, 1991

Agreeing with the Kopes that the trial court erred in restricting the scope of the easement, the Supreme Court observed: Even though the common and ordinary use which establishes the prescriptive right also limits and qualifies … Clearly, the disputed questions of fact did not involve matters regarding the scope of the right to exercise an established property right.

Spriggs v. Public Service Com'n of Maryland

197 F. Supp. 2d 388 · District Court, D. Maryland · Apr 17, 2002

Further, defendant has not challenged the fact that plaintiff was qualified for her job. 2 However, plaintiff has failed to establish a prima facie case of disparate treatment as to either working conditions or disciplinary … However, plaintiff clearly saw the documents, since she wrote comments on them indicating she did not believe they accurately reflected her contributions and work product. (See Pl.’s Resp. Exs. 4, 5.)

Trustees of the Pressmen Local 72 Industry Pension Fund v. Judd & Detweiler, Inc.

736 F. Supp. 1351 · District Court, D. Maryland · Dec 21, 1988

The ability to decide the complex issues raised in MPPAA arbitration proceedings requires an arbitrator to possess expertise, and it is not unreasonable to expect that persons who are qualified to serve as arbitrators may … Section 1401 (a)(3)(A) “unless the party contesting the determination shows by a preponderance of the evidence that *1356 the determination was unreasonable or clearly erroneous.” This contention is well founded.

Brodish v. FEDERAL EXPRESS CORP. LONG TERM DIS.

384 F. Supp. 2d 827 · District Court, D. Maryland · Aug 10, 2005

qualified on the basis of his ability, education, training, or experience.” … After reviewing the administrative record that clearly supports FedEx’s contention that it acted reasonably, I decline to weigh the SSA decision more favorably than other evidence.

Kaylor v. State

285 Md. 66 · Court of Appeals of Maryland · Apr 26, 1979

State, 198 Md. 602 , 84 A. 2d 899 (1951) is clearly distinguishable from the present case on its facts. … Probation should not be allowed to develop into a grant of immunity from punishment.

United States v. Ventimiglia

145 F. Supp. 37 · District Court, D. Maryland · Sep 28, 1956

The testimony affirmatively established that the corporate defendant’s employees were not at any time members of Local No. 80 of which Martin was the business agent, and also affirmatively established that none of these employees … Martin performed all that was necessary apparently to qualify the men to work. He issued the working cards, and was prepared to vouch for the men if necessary.

Phillips v. Ugochukwu

District Court, D. Maryland · Feb 11, 2020

To establish an Eighth Amendment violation, an inmate must establish both that the prison official subjectively “acted with a sufficiently culpable state of mind” and that the injury or deprivation inflicted was objectively … Further, the video clearly shows Plaintiff as the instigator who struck Adekunle. ECF No. 6, at 00:05 seconds; see also ECF No. 14-5 ¶4.

In re: Z.F. & B.F.

Court of Special Appeals of Maryland · Jul 1, 2025

For example, Mother argues that the Department’s visits with the Children at Grandmother’s home were required under COMAR 07.02.11.17(A) and therefore do not qualify as “services.” … Wyeth, 408 Md. 575, 630 (2009) (alterations in original) (quoting Institute of Medicine, Immunization Safety Review: Vaccines and Autism, Washington, D.C. (National Academies Press 2004)).

Peete-Bey v. Educational Credit Management Corp.

131 F. Supp. 3d 422 · District Court, D. Maryland · Sep 14, 2015

However, the. complaint must allege sufficient facts to establish those elements.” Walters, 684 F.3d at 439 (citation omitted). … That argument is premised on the still-unproven assumption that ECMC qualified as a guaranty agency when collecting Peete-Bey’s debt.

Kres v. Maryland Automobile Insurance Fund

273 Md. 289 · Court of Appeals of Maryland · Dec 4, 1974

While not as clearly stated as they might have been, the events, thus described by the two witnesses, demonstrate that Miss Kres has a “cause of action” against the operator of the phantom vehicle. … The Maryland Automobile Insurance Fund is established by and operates under the provisions of Maryland Code (1957,1972 Repl. Vol., 1974 Cum. Supp.)

Allen v. State

39 Md. App. 686 · Court of Special Appeals of Maryland · Jul 12, 1978

Assuming that he was so qualified, we find no abuse of discretion by the trial judge in sustaining the objections. … We agree that, technically, the statute is not a part of the Inland Rules as established by Congress.

Hylind v. Xerox Corp.

380 F. Supp. 2d 705 · District Court, D. Maryland · Jul 8, 2005

Under McDonnell Douglas, the employee must first establish a prima facie case of retaliation, at which point the burden shifts to the employer to establish a legitimate non-retaliatory reason for its action. … While Xerox appears to dispute that she had done so, record evidence clearly suggests that Hylind had in fact engaged in such activity.

Lewis-Davis v. Baltimore County Public Schools Infants & Toddlers Program

District Court, D. Maryland · Oct 13, 2021

“To establish a claim for disability discrimination under the ADA, a plaintiff must prove ‘(1) that she has a disability, (2) that she is a “qualified individual” for the employment in question, and (3) that [her employer … Put simply, states are generally immune from suit for damages in federal court, absent consent or a valid congressional abrogation of sovereign immunity. See Coleman v.

Walston v. Dobbins

10 Md. App. 490 · Court of Special Appeals of Maryland · Dec 7, 1970

Having established his knowledge, through experience, as to the charges of x-ray specialists, *496 Dr. Berman was properly allowed to testify as to the fairness and reasonableness of the bill. … Berman’s testimony, as well as Dobbins’ testimony, clearly indicates the treatment given on January 6, 1967, and in the visits following that date were for the same injuries treated in the initial visit.

Della Ratta, Inc. v. American Better Community Developers, Inc.

38 Md. App. 119 · Court of Special Appeals of Maryland · Dec 7, 1977

To recover damages for lost profits, a plaintiff must establish three elements: “... … To establish damages for lost profits with “reasonable certainty” does not mean that they must be established in an exact pecuniary amount.

Harleysville Preferred Ins. Co. v. Rams Head Savage Mill, LLC

237 Md. App. 705 · Court of Special Appeals of Maryland · Jun 28, 2018

Insurers thus must draft exclusionary provisions “conspicuously, plainly and clearly.” Id. I. … That is, again, conclusively established by the criminal penalties and private right of action created by § 3-902 itself.