Case law

Claybourne v. State

209 Md. App. 706 · Court of Special Appeals of Maryland · Feb 28, 2013

Gibbs’ inconsistencies was clearly admissible for the purpose of rehabilitating her credibility. Washington, 293 Md. at 469 , 445 A.2d 684 . … Southall ("Dr.Southall”), the State’s qualified expert in forensic pathology, performed the autopsy on Mr. Thompson. She noted that Mr.

Jeffries v. Federal Emergency Management Agency

District Court, D. Maryland · Jul 24, 2020

To establish a prima facie case, Jeffries must show that (1) she qualifies as an ‘individual with a disability’; (2) the defendant had notice of her disability; (3) she could perform the essential functions of her job with … To establish a prima facie discrimination claim under the Rehabilitation Act, the plaintiff must show that she is an otherwise qualified individual who is disabled and is being excluded from the participation in, being

Riffey v. Tonder

36 Md. App. 633 · Court of Special Appeals of Maryland · Jul 7, 1977

I’m not just using him, Your Honor, — I am not attempting to use him to establish anything with respect to the use of Heparin. (The Court) I understand. (Mr. … raised by the plaintiff, was clearly a part of the plaintiffs’ expert witness, Dr.

Feinblatt v. Block

456 F. Supp. 776 · District Court, D. Maryland · Jul 27, 1978

Feinblatt, is the duly appointed and qualified trustee of the bankruptcy estate of Joel Kline. … Elements of a Preference In order to establish a voidable preference under the Bankruptcy Act, the trustee must establish a transfer of the bankrupt’s property, to or for the benefit of a creditor for or on account of an

Secretary, Maryland Department of Personnel v. Bender

44 Md. App. 714 · Court of Special Appeals of Maryland · Feb 11, 1980

Ill, § 29 requires) so clearly addresses this problem then pending in this case, that it all but names the parties and the employees it intended to affect. … Another bill was enacted in the same 1978 Session proposing to add a new "Section 56” dealing with an entirely different subject matter, i.e., the "Defense of Sovereign Immunity”. Chapter 523, Laws of Md. 1978.

In the Matter of AutoFlex Fleet Inc.

Court of Special Appeals of Maryland · Mar 5, 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[.]”

Turner v. Rusk

53 Md. 65 · Court of Appeals of Maryland · Feb 6, 1880

The condition of insanity at this period, prior to the deed, being thus clearly established, it is a question more interesting than important, whether the insanity was of such a character as to bring into operation the maxim … But it clearly shows he was not the man he had formerly been, and that they so thought at that time.

Homes Oil Co. v. Maryland Department of Environment

135 Md. App. 442 · Court of Special Appeals of Maryland · Nov 30, 2000

. § 4-704 provides for the establishment of the fund: (a) Established.—There is an Oil Contaminated Site Environmental Cleanup Fund. (b) Uses. … The Fund was established to provide assistance and adequate financial resources for these clean-up efforts.

Sonpon v. Grafton School, Inc.

181 F. Supp. 2d 494 · District Court, D. Maryland · Jan 24, 2002

Under the McDonnell Douglas standard, the plaintiff first must establish a prima facie case of discrimination. … she was qualified for the position; and (4) she was rejected for the position under circumstances giving rise to an inference of unlawful discrimination.

State v. Young

462 Md. 159 · Court of Appeals of Maryland · Dec 18, 2018

Rather, the prosecutor clearly spelled out her reasons for excluding the prescription evidence, and they all clearly focused on challenging the prescriptions as inadmissible hearsay. … A letter stating as much would clearly be hearsay.

Johannssen v. District No. 1—Pacific Coast District, MEBA Pension Plan

136 F. Supp. 2d 480 · District Court, D. Maryland · Mar 29, 2001

ERISA establishes detailed “minimum funding standards” for employee pension plans. 29 U.S.C. § 1082 .. … The Plan has never identified any additional participants who would qualify for past service credit under the 1992 Amendment.

Migdal v. State

358 Md. 308 · Court of Appeals of Maryland · Mar 14, 2000

Clearly, a provision generally dealing with resident agents governs more than just investment companies. … This is clearly what happened in this case.

Wiggins v. Baltimore Police Department

District Court, D. Maryland · Sep 29, 2023

When a plaintiff attempts to rely on comparator evidence to establish circumstances giving rise to an inference of unlawful discrimination, “[t]he similarity between comparators . . . must be clearly established in order … The Complaint states in conclusory fashion that “Plaintiff’s allegations clearly show a custom of discrimination as required by Section 1983,” (Compl. ¶ 115), but offers no facts depicting any such custom.

Boyer v. Garrett

88 F. Supp. 353 · District Court, D. Maryland · Dec 30, 1949

In view of this imperative authority it follows very clearly that this court must apply that law in holding that segregation is within the police power of the State; which has been duly delegated in this respect to and exercised … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities

Cason v. Corizon Health Services

District Court, D. Maryland · Jan 25, 2021

To be sure, Cason has established that he has a disability. … Based on the record evidence viewed most favorably to Cason, he clearly was suffering from a serious medical need.

Carter v. State

178 Md. App. 400 · Court of Special Appeals of Maryland · Feb 13, 2008

institution an order of appointment or a certified copy of the order issued by or under the direction or supervision of the court or an officer of the court; (iii) The customer is disabled and a guardian is appointed or qualified … We thus conclude that the suppression court committed no error in finding that the information provided by M & T Bank could be properly relied upon in establishing probable cause to issue the warrant.

Brock Bridge Ltd. Partnership, Inc. v. Development Facilitators, Inc.

114 Md. App. 144 · Court of Special Appeals of Maryland · Feb 26, 1997

It should attempt to parse out those damages that BBLP can establish that it or BBBI suffered with reasonable certainty. … Appellants argue that the court was clearly erroneous in this factual determination, indicating that exhibits and testimony established that DFI’s own estimate of the amounts totalled $356,870.50.

Weiner v. Blue Cross of Maryland, Inc.

730 F. Supp. 674 · District Court, D. Maryland · Feb 5, 1990

Davis: A claim of Garmon preemption [established by San Diego Building Trades Council v. … United States Fidelity and Guaranty Co., 309 U.S. 506 , 60 S.Ct. 653 , 84 L.Ed. 894 (1940) (sovereign immunity). Durfee, 375 U.S. at 114 , 84 S.Ct. at 246 .

Sweet v. State

371 Md. 1 · Court of Appeals of Maryland · Aug 30, 2002

Sweet, would qualify as one who has to comply with the violence [sic] sex offender registration." … That is not surprising since conditions of probation are clearly punishment. See Spielman v.

Whitfield v. State

287 Md. 124 · Court of Appeals of Maryland · Feb 15, 1980

Moreover, the choice which confronts the State here is no different from that which it makes when granting immunity — letting one individual go unprosecuted in order to obtain evidence to prosecute another individual or to … Once such custody is established, a court must still determine whether an “interrogation” took place before a violation of Miranda exists.