Case law

Dones v. Donahoe

987 F. Supp. 2d 659 · District Court, D. Maryland · Dec 12, 2013

A plaintiff may establish a claim for intentional discrimination using two methods. … “The similarity between comparators ... must be clearly established in order to be meaningful.” Lightner v. City of Wilmington, 545 F.3d 260, 265 (4th Cir.2008).

Builders and Developers Corp. v. Manassas Iron & Steel Co.

208 F. Supp. 485 · District Court, D. Maryland · Sep 5, 1962

The suit is not brought pursuant to, and could not qualify under, the general diversity of citizenship jurisdiction, Title 28 U.S.C.A. § 1332 . … However, if the allegations in the answer filed by Commercial Credit Corporation can be established, plaintiff would have an independent liability to it.

Kenwood Gardens Condominiums, Inc. v. Whalen Properties, LLC

449 Md. 313 · Court of Appeals of Maryland · Aug 19, 2016

Resolution 108-11 was not the final determination that established that the Whalen Properties PUD would be built. … It was never established that Councilman Quirk was knowingly involved in any wrongdoing.

Segerman v. Jones

256 Md. 109 · Court of Appeals of Maryland · Jan 12, 1970

It is for these reasons that we think that finding No. 8 was clearly erroneous. … Whether or not a teacher is immune from suit while acting within the scope of her employment. “4.

Liverpool v. Baltimore Diamond Exchange Inc.

369 Md. 304 · Court of Appeals of Maryland · Jun 11, 2002

It is clear from a plain reading of subsection (d) that a C.O.D. transaction is established at the option of the layaway seller and by consent of the buyer. … Petitioner testified that he purchased the watch as a Christmas gift for his wife, thereby qualifying the watch as consumer goods. 9 .

Kaylor v. Wilson

260 Md. 707 · Court of Appeals of Maryland · Feb 8, 1971

Curiously enough, the documentary proof needed to establish even a paper chain of title to the property was absent. … Though unrefuted, neither of these passing references are precise or authoritative enough to qualify as even slight proof that taxes were paid during the critical years in the early ‘thirties.

Claude v. Handy

83 Md. 225 · Court of Appeals of Maryland · Mar 26, 1896

. • The appellant excepted to the report and award of the commissioners for the following reasons : 1st, because the commissioners were not legally sworn in or qualified; 2d, that the decree directed a partition of only a … But the amendment allowed was clearly within the power of the Court, and when it was represented to it that the defence and conduct of the case of the defendant would have been different had the bill as amended been originally

Cartwright v. Health and Welfare Pension Fund

771 F. Supp. 127 · District Court, D. Maryland · Aug 14, 1991

However, under de Nobel the Trustees clearly abused their discretion in interpreting the coordination of benefits provision of the Plan. … The coordination of benefits provision is clearly directed at family members who are covered by more than one insurance plan.

England v. State

21 Md. App. 412 · Court of Special Appeals of Maryland · May 28, 1974

If jury instructions when read as a whole, clearly set forth the applicable law, there is no reversible error. Burko v. State, 19 Md. App. 645 , 313 A. 2d 864 (1974); Fowler v. State, 18 Md. … Code Art. 27, § 463 provides that if a jury qualifies its verdict with the words “without capital punishment” the sentence imposed by the court shall not exceed twenty years.

United States v. Davis

657 F. Supp. 2d 630 · District Court, D. Maryland · Sep 15, 2009

On the property form for the clothing, Davis was clearly identified as a “victim.” … furthered by the collection of DNA information from convicted offenders, ... compulsory DNA profiling of qualified federal offenders is reasonable under totality of the circumstances.”

Grim v. Baltimore Police Department

District Court, D. Maryland · Nov 8, 2019

In particular, it said, id.: “The 2007 event pertaining to the traffic stop clearly raises potential Fourth Amendment issues.” … June 20, 2013) (declining to enter default judgment in § 1983 suit against prison guard, because defaulting defendant may be entitled to qualified immunity defendant).

Neuberger, Quinn, Gielen, Rubin & Gibber, P.A. v. United States

District Court, D. Maryland · Jun 28, 2024

A review of caselaw suggests that the equitable theories of relief are not as narrow or clearly defined as NQGRG suggests. … “Under settled principles of sovereign immunity, the United States, as sovereign, is immune from suit, save as it consents to be sued.” United States v.

DeLuca v. State

78 Md. App. 395 · Court of Special Appeals of Maryland · Mar 1, 1989

This became an established criterion under Maryland law. In McCoy v. … Even according to the appellant’s “best scenario,” the only Brady category in which he could hope to qualify would be the third.

Citizens Against Slots at the Mall v. PPE Casino Resorts Maryland, LLC

429 Md. 176 · Court of Appeals of Maryland · Oct 24, 2012

The implementing legislation, inter alia, established the Education Trust *193 Fund consisting of certain revenues anticipated from the video lottery terminals. … Thus from 1943 until 1968, slot machines, as well as any other “amusement devices,” were lawful in Anne Arundel County and were present in commercial establishments throughout the County.

Seldon v. State

151 Md. App. 204 · Court of Special Appeals of Maryland · May 29, 2003

These decisions do not furnish particularly helpful guides to the answer to the precise question raised here, namely, whether the bailor’s constitutional immunities were violated in the search consented to by his bailee. … An individual’s physiological reaction to a proposed intrusion into his or her privacy cannot establish probable cause or even grounds to suspect.

Cook v. State

8 Md. App. 243 · Court of Special Appeals of Maryland · Dec 5, 1969

This must be established by “clear and convincing evidence.” … We do not think that the court was clearly wrong in its factual findings on the evidence. Md. Rule 1086.

Celanese Corp. v. Comptroller of Treasury

60 Md. App. 392 · Court of Special Appeals of Maryland · Nov 9, 1984

Since the federal ordinary income in question clearly does not qualify as income from ground rents, rents and royalties under § 316(a), the appellant argues that it falls within the description of “and other income from real … This argument is answered and refuted by the established rule of ejusdem generis applicable to this statutory construction.

Attorney Grievance Commission v. Sparrow

314 Md. 421 · Court of Appeals of Maryland · Dec 20, 1988

Those cases, however, are clearly distinguishable. Each involved an attorney who suffered from alcoholism, and whose acts were a direct result of his condition. … To qualify for a Maryland real estate broker’s license, an applicant must, among other things, "be of good character and reputation.” Maryland Code (1988 Supp.), Art. 56A, § 4-305(b).

Cotton v. State

386 Md. 249 · Court of Appeals of Maryland · Apr 11, 2005

Although only three persons were named in the warrant— Jones and the two Boldens — the affidavit established that several other people with a history of criminal and violent conduct were involved, and the warrant clearly … officers unless it is accompanied by the ability to temporarily seize any dangerous individuals that are located during the search, we conclude that detaining potentially dangerous persons for the duration of the arrest qualifies

El-Bey v. Copeland

District Court, D. Maryland · Jan 19, 2024

of complaints filed by prisoners and to dismiss any complaint that (i) is frivolous or malicious; (ii) fails to state a claim upon which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it . . . fails to state a claim upon which relief may be granted, unless” he can establish