Case law

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.

Aldridge v. Goodyear Tire & Rubber Co.

34 F. Supp. 2d 1010 · District Court, D. Maryland · Jan 28, 1999

Following the Fourth Circuit’s remand of the case, counsel for Goodyear advised the Court that it no longer wished to press its contention that Goodyear was immune from liability to the plaintiffs under the Maryland workers … Underwood, 258 Md. 9, 16-17 , 264 A.2d 851, 854 (1970) (“We think plaintiffs proof was clearly sufficient to allow the jury to find that Norman negligently constructed and Christine failed to inspect the wall, and that Johnny

Cavalier Mobile Homes, Inc. v. Liberty Homes, Inc.

53 Md. App. 379 · Court of Special Appeals of Maryland · Jan 5, 1983

The arrangement was clearly not a requirements contract. … This principle has been qualified several times by the Supreme Court. F.T.C. v. Texaco, Inc., 393 U.S. 223 , 89 S.Ct. 429 (1968); Albrecht v. The Herald Co., 390 U.S. 145 , 88 S.Ct. 869 (1968); U.S. v.

Koppers Co., Inc. v. S/S DEFIANCE

542 F. Supp. 1356 · District Court, D. Maryland · Jul 13, 1982

But, to read that case as concluding that extrinsic evidence is never admissible to establish that an entity such as Clark was acting as an agent of Farrell and as a stevedore and/or terminal operator within the meaning of … It being always understood that said beneficiaries are not entitled to any greater or further exemptions, immunities, or limitations of liability than those that the Carrier has under this bill of lading in any given situation

Livingston v. State

192 Md. App. 553 · Court of Special Appeals of Maryland · May 27, 2010

The evidence presented at trial clearly established that Livingston knew the conditions of his quarantine and violated them by leaving his isolation room and entering the anteroom without a mask and by going outside the hospital … The testimony of the nurses — which the trial court clearly credited — established that Livingston acted in an assaultive and threatening manner toward them and that his offensive and disruptive words and actions disturbed

Matter of Chesapeake Bay Foundation, Inc.

Court of Special Appeals of Maryland · Dec 23, 2024

The Department clearly considered the factors set forth in the United States Supreme Court’s decision in County of Maui and its findings and conclusions are supported by the record. … The Department clearly considered nutrient uptake rates in designing the Permit conditions.

Long v. Robinson

316 F. Supp. 22 · District Court, D. Maryland · Aug 6, 1970

The situation would seem clearly to fall within the reason and language of Moody v. Flowers, 1967, 387 U.S. 97, 101-103 , 87 S.Ct. 1544 , 18 L.Ed.2d 643 . … In Baltimore City, a child of sixteen or seventeen who may come within one of the last five categories is immune from the power of any court, for the Juvenile Court has no jurisdiction over that age group and the criminal

Leidig v. State

475 Md. 181 · Court of Appeals of Maryland · Aug 16, 2021

Illinois would clearly justify basing our decision on Article 21 of the Declaration of Rights and not reaching the Sixth Amendment issue.” Id. … Rollo’s report is sufficiently “formal” under Justice Thomas’s concurring opinion in Williams to qualify as testimonial. The answer to that question is unclear.

Monumental Enterprises, Inc. v. Mayor of Baltimore City

26 Md. App. 24 · Court of Special Appeals of Maryland · May 2, 1975

By Chapter 540 of the Acts of 1941, (modified in some respects by Chapter 761, Acts of 1943), a new procedure quasi in rem was established, analogous to a mortgage foreclosure. Gathwright v. … Although he concurred in the result for other reasons, Judge (later Chief Judge) Hammond felt constrained to make the following observations at 539 [626]: “The Tax Sales Act of 1943 sought to make tax sales immune from attacks

Smith-Hosch, Ed.D v. Bramble

District Court, D. Maryland · Aug 28, 2019

established” federal right meant that the individual board-members were protected by qualified immunity; and 3) because “a local governmental body disciplining one of its members is a ‘core legislative … act’ and therefore protected by legislative immunity.”

Nance v. Clerk of the Circuit Court for Baltimore City

District Court, D. Maryland · Dec 14, 2023

However, temporal proximity may establish causation only if it is very close. … McDonnell Douglas but must satisfy the pleading standard established in Iqbal and Twombly.

Prince

District Court, D. Maryland · Oct 28, 2025

At this stage of his case, to establish standing, Plaintiff must plead facts to plausibly establish standing, because it “must be supported in the same way as any other matter on which the plaintiff bears the burden of … Sovereign Immunity Additionally, the United States “is immune from suit save as it consents to be sued . . . and the terms of its consent to be sued in any court define

State v. Lewis

Court of Special Appeals of Maryland · Dec 5, 2023

Judge Anderson clearly looked upon Darby as a “co-defendant.” … For an admission of guilty involvement to qualify as cognizable proof of guilt, the authorship of the damaging admission needs to be established with particularity.

M Consulting & Export, LLC v. Travelers Casualty Insurance Co. of America

2 F. Supp. 3d 730 · District Court, D. Maryland · Feb 27, 2014

Plaintiff argues that the loss involved in this case qualifies under both prongs of the definition. 1. … We therefore hold that theft of personal property is ‘property damage’ unless a contrary intent is clearly expressed.”).

Crook v. Glenn

30 Md. 55 · Court of Appeals of Maryland · Jan 18, 1869

The onus is upon the appellants, and a failure to make out their case fully and clearly must result in their defeat. … That length of time may be relied on, in bar of redemption, seems now to be too well established to be made a question.

Pabst Brewing v. Frederick P. Winner, LTD

478 Md. 61 · Court of Appeals of Maryland · Mar 25, 2022

If the statutory language is “unambiguous and clearly consistent with the statute’s apparent purpose, [the] inquiry as to legislative intent ends ordinarily and we apply the statute as written, without resort to other rules … Under these well-established principles, the corporate parent of a beer manufacturer does not have an interest in, or any obligations under, a beer franchise agreement between the subsidiary beer manufacturer and a beer

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.

Katz, Abosch, etc., P.A. v. Parkway Neuroscience

485 Md. 335 · Court of Appeals of Maryland · Aug 30, 2023

Cardell qualified as an expert or not. And the court explicitly stated that it was not deciding one way or the other whether Ms. Cardell was, in fact, qualified to render an expert opinion at trial. … Questions of fact are reviewed under the clearly erroneous standard.

State Tax Commission v. Baltimore & Ohio Railroad

179 Md. 125 · Court of Appeals of Maryland · Jan 3, 1941

. * * * “The effort made to restrict the immunity now under consideration to State taxes only, cannot be sustained. … There are no words used by the legislature qualifying or limiting the extent of the immunity conferred; it is therefore unlike the case of Gordon v.

Baltimore Transit Co. v. Flynn

50 F. Supp. 382 · District Court, D. Maryland · May 17, 1943

of jurisdiction to be sued in their official capacity— and because, as would appear, they have no representative or agent in the Maryland District or, indeed, anywhere else in the United States, they would appear to be immune … Let the distinction between this latter type of case and the present case be clearly understood.