Case law

In the Matter of Sulerzyski

Court of Special Appeals of Maryland · Mar 1, 2023

Mother’s affidavit clearly indicates that Ms. … Sulerzyski, the ALJ clearly erred in finding that Ms.

Cooper v. Berkshire Life Insurance

148 Md. App. 41 · Court of Special Appeals of Maryland · Nov 14, 2002

Fish And Steinhardt With respect to Fish and Steinhardt, we easily can answer this argument because insurance agents and brokers clearly owe a professional’s duty to the insured. … This general rule is qualified by the “discovery rule,” providing that the cause of action accrues when the claimant knew or reasonably should have known of the wrong. See Poffenberger v.

In Re Adoption/Guardianship No. J970013

128 Md. App. 242 · Court of Special Appeals of Maryland · Sep 10, 1999

We agree entirely with the appellant’s assertions that his incarceration does not literally qualify as a disability under the statutory definition found in § 5-301(c) of the Family Law Article. … Unlike the situation before the Court in Adoption CAA92 where an affirmative release date had been established for William F., the appellant is not scheduled even for parole consideration again until 2001, and there is no

Coleman v. Kehoe

District Court, D. Maryland · Apr 6, 2023

Exceptional circumstances also include litigants who “is barely able to read or write,” Whisenant at 162, or clearly “has a colorable claim but lacks the capacity to present it,” Berry v. Gutierrez, 587 F. … When a complaint filed by a prisoner is dismissed in its entirety for failure to state a claim it qualifies as a “strike” under the provisions of 28 U.S.C. § 1915(g). See Blakely v.

United States v. All That Lot of Ground Known as 2511 E. Fairmount Avenue, Baltimore

722 F. Supp. 1273 · District Court, D. Maryland · Oct 16, 1989

Claimants clearly have standing to contest the forfeiture of the land. However, the expensive home which was built on part of that land was paid for solely by Thomas Kaufman. … Thomas Kaufman was listed as a dependent on his mother’s tax return as late as 1984, and his father even helped his son qualify for a car loan.

Ory v. Libersky

40 Md. App. 151 · Court of Special Appeals of Maryland · Jul 17, 1978

In addition to the agreement, other evidence of record in this case clearly establishes a jury question on the issue of loss of educational benefits. … Maryland law clearly permits lump sum verdicts in *167 wrongful death actions. Sun Cab Co. v. Walston, supra, 15 Md. App. at 154, 289 A. 2d at 826 (1972).

Carey v. Wolford

District Court, D. Maryland · Jul 29, 2024

immunity.'' … ‘no constitutional injury, it need not address the issue of qualified immunity.” (citation omitted)). A.

Weaver v. Prince George's County

281 Md. 349 · Court of Appeals of Maryland · Nov 3, 1977

There is clearly no parallel here. The tenants have not been coerced into residing in the multifamily rental units; they do so voluntarily. … The need for the military to develop a competitive compensation program was made even more pressing as a result of the government’s decision to establish an all-volunteer force.

McDonald v. State

45 Md. 90 · Court of Appeals of Maryland · Jun 16, 1876

It appears to us the Court in that case clearly decided they *95 liad no power to remand the record, and that their only power to modify the sentence was derived from the statute. … If this Court sanctioned such a rule it would fail to perform the chief duty for which it was established. Our duty is to correct errors, and to minister justice.

Bodeau v. State

248 Md. App. 115 · Court of Special Appeals of Maryland · Oct 1, 2020

Although establishing “some prejudice,” Akin v. … Feinberg, 441 Md. 310, 322 (2015) (“Appellate courts accept and are bound by findings of fact in the lower court unless they are clearly erroneous.” (cleaned up)).

(2002)

87 Op. Att'y Gen. 76 · Maryland Attorney General Reports · May 20, 2002

Rule 4-601(h) clearly forbids any "public officer or employee" from disclosing the contents of a search warrant or related materials, except in specified circumstances, on pain of being found in contempt of court. … Compare Goetz, supra, (no constitutional right) with In re Search Warrant for Secretarial Area-Gunn, 855 F.2d 569 (8th Cir. 1988) (qualified constitutional right of access). 5 In the absence of a court rule, the State's Attorney

(2000)

85 Op. Att'y Gen. 238 · Maryland Attorney General Reports · Aug 30, 2000

The Act establishes educational, examination, and other prerequisites for licensure as a physical therapist or a physical therapist assistant. HO § 13-302 through § 13-306 . … A staff summary in the legislative file states that "major substantive change" made by the 1993 law was to "clearly defin[e] the professional groups subject to the Act." Bill Analysis for Senate Bill 176 (1993).

State v. Smith

374 Md. 527 · Court of Appeals of Maryland · May 9, 2003

“Although a different trier of fact may have viewed the evidence as establishing second degree murder instead of first degree murder, the trial court’s decision was not clearly erroneous. … The cases that hold that intent in murder cases can be established by inference support our holding that knowledge can be established in the same manner.

In the Matter of AutoFlex Fleet Inc.

Court of Special Appeals of Maryland · Jun 20, 2024

disqualified bidder, then AutoFlex might be able to establish that it would be next in line, as the best qualified remaining bidder. 13  On January 8, 2021, the MSBE recounted … Rule 5-201 qualify as “one aspect of law that allows the Court to acknowledge a fact[.]”

Nicholson v. State of Maryland

District Court, D. Maryland · Apr 20, 2021

App. 526 (1996), where a person clearly identified as a police officer stopped the plaintiff, who was on his way to work, based on probable cause to believe the car he was driving was stolen … , to state sovereign immunity because it has not waived such immunity under the Maryland Tort Claims Act (“MTCA”).

Mosley v. State

378 Md. 548 · Court of Appeals of Maryland · Nov 26, 2003

The Supreme Court established in Strickland v. … We note, however, that it is well-established that an appellate court is not a trier of fact. Harris III, 303 Md. at 698 , 496 A.2d at 1080 .

Murphy v. Yates

276 Md. 475 · Court of Appeals of Maryland · Jan 20, 1976

TO THE EXTENT PRACTICABLE, THE STATE PROSECUTOR SHALL UTILIZE THE SERVICES AND PERSONNEL OF THE MARYLAND STATE POLICE AND OTHER ESTABLISHED STATE AND LAW ENFORCEMENT AGENCIES. … (B) THE TERMS OF THE APPOINTED MEMBERS ARE FOUR YEARS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFY.

Exum v. L.T. Donna

District Court, D. Maryland · Mar 5, 2025

Exum fails to state a claim of supervisory liability against Defendants Dean and Jordan; and (6) Defendants are entitled to qualified immunity. … Exum’s Amended Complaint fails to allege facts, taken as true, that could reasonably establish Eighth Amendment liability as to any Defendant.

Cohen v. Montgomery County Department of Health & Human Services

149 Md. App. 578 · Court of Special Appeals of Maryland · Feb 27, 2003

Although the Montgomery County Code does not expressly say so, it clearly implies that the denial of a reasonable accommodation to an otherwise qualified employee would constitute disability discrimination. … To establish a prima facie case for disability discrimination under the ADA based on an employ *592 er’s failure to provide a reasonable accommodation, the employee must show: (1) that the employer is subject to the statute

Art Students' League of New York v. Hinkley

31 F.2d 469 · District Court, D. Maryland · Mar 11, 1929

Ed. 80 , suit was brought in the federal court to test the validity of certain legacies under a will which had been duly proved in the probate court of the state, where the executor of the will had qualified and possessed … Church Home, supra, it was declared to be fully established. ' There the court, referring to the rule in Dashiell v.