Case law

Gibson v. Haines

District Court, D. Maryland · Aug 16, 2024

Accordingly, the Court must dismiss any claim 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 from such … Clearly the allegations asserted by Gibson are the product of fantasy or delusional thinking that cannot be addressed by this Court.

Doyle v. Frontline Asset Strategies, LLC

248 F. Supp. 3d 655 · District Court, D. Maryland · Apr 4, 2017

Second, the Defendants have failed to overcome the heavy hurdle of establishing that the instant case warrants abstention under the six factors outlined above. I. … Additionally, the remedies sought in this case are clearly different from those in the Finch case.

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[.]”

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).

Maryland Office of People's Counsel v. Maryland Public Service Commission

226 Md. App. 176 · Court of Special Appeals of Maryland · Dec 15, 2015

To this end, we direct the Company to submit a base rate case petition that aligns with the projected completion date of the qualifying projects, and stipulate that the qualifying projects and GRC revenues are subject to … It clearly explained its rationale for approving the GRC in this case, when it had denied requests for a surcharge in the past.

Johnson v. State

Court of Special Appeals of Maryland · Jul 9, 2025

“[T]hat instruction was clearly improper under Mullaney v. Wilbur.” Id. … The State focuses on the second blow, which, it argues, does not qualify as a “substantial battery.”

Equal Employment Opportunity Commission v. Freeman

126 F. Supp. 3d 560 · District Court, D. Maryland · Sep 3, 2015

See Carpenter, 456 F.3d at 1199 (noting, in excluding statistics that were insufficiently tailored, that “Plaintiffs have not established that the data necessary to establish the impact on CBA-qualified workers were unavailable … These are sufficient to establish prevailing market rates for similar matters, and the EEOC presents no rebuttal evidence.

Floyd v. Baltimore City Police Department

District Court, D. Maryland · Jul 17, 2023

immunity. … immunity argument.

Lopez v. Lopez

250 Md. 491 · Court of Appeals of Maryland · Jul 3, 1968

The situation clearly justified the appointment of an independent and impartial trustee. v. … Lopez, his wife”] * * * as Tenants by the Entirety.” 5 Alejo’s and Helen’s marriage was clearly invalid prior to the second ceremony in 1954.

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

Powell v. Calvert County

368 Md. 400 · Court of Appeals of Maryland · Jan 10, 2002

Even if the special exception was never “declared” invalid, it was never a final valid special exception, which would qualify respondent to begin to vest rights in a zoning approval. … Riverdale, 308 Md. 556 , 520 A.2d 1319 (1987), was not a zoning or property case, it involved changes in provisions relating to immunity from tort liability. Neither involved special exceptions, variances or the like.

Johnson & Towers Baltimore, Inc. v. Dredge

241 F. Supp. 598 · District Court, D. Maryland · May 20, 1965

Libelant seeks to establish and enforce a maritime lien against a dredge for work, labor and material furnished to the dredge on the order of a former owner. … The mortgage did not qualify as a preferred ship mortgage under 46 U.S.C.A. § 922 ; it was duly recorded in Kent County.

Floyd v. CITY COUNCIL OF BALTIMORE

407 Md. 461 · Court of Appeals of Maryland · Feb 19, 2009

Clearly, the corporation, as an eligible voter, could vote only through a representative, such as Burnham. … Clearly, then, the Authority and City had the power to enact bylaw 2.09.

Nolan v. Dillon

261 Md. 516 · Court of Appeals of Maryland · Apr 14, 1971

Dillon’s injury were clearly jury questions. Dr. … The pre-trial order clearly indicated that Dr. Nolan’s case against American Home would be in negligence.

Bethlehem Steel Co. v. Variety Iron & Steel Co.

139 Md. 313 · Court of Appeals of Maryland · Jun 29, 1921

This exception is clearly and forcibly stated by Chief Judge Boyd in Bernheimer Bros. v. … The general rule as to independent contractors is thus qualified by the authorities: ‘A person or corporation on whom positive duties are imposed by law cannot avoid liability for injuries resulting from failure to' perform

El-Bey v. Morman

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

Halsey v. Board of Education

273 Md. 566 · Court of Appeals of Maryland · Feb 4, 1975

Halsey was not qualified to be given a tenured position and that consequently the termination of her employment was neither arbitrary nor capricious. … Halsey's teaching performance in the classroom was arbitrary and capricious would have resulted in granting tenure to her in the face of substantial evidence that she was not qualified.

Spector v. State

289 Md. 407 · Court of Appeals of Maryland · Jan 22, 1981

I think *413 that the evidence also, in each case, establishes beyond a reasonable doubt, that Mr. … All of the circumstances here clearly permit the inference of a corrupt intent. We find sufficient evidence to sustain the convictions. viii.

Fallin v. State

460 Md. 130 · Court of Appeals of Maryland · Jul 12, 2018

Drum’s testimony was clearly based on Bohnert. The essence of that objection (equating Ms. … Clearly, an opinion of the Court of Special Appeals cannot “narrow” an opinion of this Court.

Payne v. Ford Motor Credit Company, LLC

District Court, D. Maryland · Nov 3, 2020

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