Case law

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

Robinson v. State

298 Md. 193 · Court of Appeals of Maryland · Dec 23, 1983

Certainly if you are going to attempt to establish that he is unable to testify, unable to relate the events, unable to perceive the events, then I. will allow his mental condition. … The alleged incidents occurring at the hospital did not qualify under any of these categories. The first alleged incident arguably could have constituted an assault on a fellow patient.

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.

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.

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.

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.

Mack v. Mack

329 Md. 188 · Court of Appeals of Maryland · Feb 2, 1993

establish the patient’s choice about terminating life support. … Even absent legislative guidance I believe the courts have a responsibility, which they should not abdicate, to establish a procedure whereby incompetent patients, who have failed to or have never been able to clearly and

Horton v. Zais

District Court, D. Maryland · Nov 4, 2020

Iko, 535 F.3d at 238 (4th Cir. 2008) (citations omitted) (holding correctional officer not entitled to qualified immunity where additional chemical agent was deployed into inmate's cell after inmate attempted … Plaintiff’s possession of the handcuffs clearly created a security threat to officers and the institution.

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.

Blasic v. Chugach Support Services, Inc.

673 F. Supp. 2d 389 · District Court, D. Maryland · Nov 20, 2009

An objecting party must “spell out the nature of the defects clearly and distinctly.” 11 James *396 W. Moore, et al., Moore’s Federal Practice, § 56.14(4)(b). … Kirkwood, 999 F.2d 86, 92 (4th Cir.1993)(“It is well established that unsworn, unauthenticated documents cannot be considered on a motion for summary judgment.”). 21 . Salami v. North Carolina Agric. & Tech.

Gambino v. State

Court of Special Appeals of Maryland · Mar 17, 2026

Gambino’s] prior sexual abuse crucial to establishing her good faith basis for reporting.” Although Ms. … Gambino’s motion to dismiss on the grounds of statutory immunity as a separate claim of error, the question of whether Ms.

In re: Adoption of K'amora K.

218 Md. App. 287 · Court of Special Appeals of Maryland · Aug 1, 2014

Spence also related an episode in which Mother called her into a visit and complained about a bruise on K’Amora’s thigh that the social worker explained came from an immunization. … The police then required that a physician investigate, and Child Protective Services ruled out the possibility of any abuse (consistent with K’Amora’s medical records, which showed a recent immunization).

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.

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

Kairys v. Douglas Stereo Inc.

83 Md. App. 667 · Court of Special Appeals of Maryland · Jul 5, 1990

Maryland has long recognized, for example, that “communications arising out of the employer-employee relationship clearly enjoy a qualified privilege.” McDermott v. Hughley, 317 Md. 12, 28 , 561 A.2d 1038 (1989). … Clearly, then, there was nothing to show a conspiracy on Moore’s part. That leaves only Rosenfeld and Douglas.

Litchfield v. Rinehart

District Court, D. Maryland · Aug 29, 2022

Courts in Maryland apply a two- part test to determine whether sovereign immunity applies in a specific case: “(1) whether the entity asserting immunity qualifies for its protection; and, if so, (2) whether the legislature … has waived immunity, either directly or by necessary implication, in a manner that would render the defense of immunity unavailable.”

Fridge v. State ex rel. Kirk

3 G. & J. 103 · Court of Appeals of Maryland · Dec 15, 1830

This is a doctrine too well established to admit of being enlarged upon. Besides Owen Dorsey having given his bond, in which he is stated to be the guardian of E. A. … And such, we think, is clearly the character of the instrument in question.

Keezio Group, LLC v. U.S. Consumer Product Safety Commission, et al.

District Court, D. Maryland · Apr 22, 2026

denied, 145 S.Ct. 2700 (2025) (explaining that the APA waives the federal government’s sovereign immunity and “[b]ecause sovereign immunity is jurisdictional in nature, finality under the APA is a jurisdictional requirement … Aug. 4, 2022) (“The APA clearly defines when agency action occurs, [and] the issuing of a notice or press release is not included in that definition.”); Barry v. U.S.

Maryland Waste Coalition, Inc. v. Maryland Department of Environment

84 Md. App. 544 · Court of Special Appeals of Maryland · Oct 31, 1990

Although this case was not brought specifically under ESA, the Coalition would qualify as a person because it is an organization doing business in Maryland. … It has also recognized that the establishment of organizations and associations represent the only economically viable means of pursuing this involvement.

Ridgeway v. State

140 Md. App. 49 · Court of Special Appeals of Maryland · Sep 4, 2001

The question is that the Court clearly indicated that it was imposing a separate sentence for the offenses committed against each of these people. … The two shootings, in satisfaction of the first step, clearly fell within the “common plan” or “motive” exceptions to Rule 5-404(b).