Case law

Bowling v. Department of Public Safety and Correctional Services

District Court, D. Maryland · Apr 18, 2024

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

Hetrich v. County Commissioners

222 Md. 304 · Court of Appeals of Maryland · Apr 14, 1960

Clearly, the manager exercises continuously a substantial part of the governmental power in Anne Arundel County. *308 We agree with the trial court also that the offices oí County Business Manager and County Commissioner … The Court held that a member of the Board of Authority was a public officer and that “well-established public policy prohibits respondent and his colleagues from using their official appointing power as councilmen of the

Tracey v. Solesky

427 Md. 627 · Court of Appeals of Maryland · Apr 26, 2012

did in this case) or should have had such knowledge, a prima facie case is established. … However, the language of that case clearly forecasted the direction the Court might take in the proper case. This is that case.

Dist. of Columbia v. Trump

315 F. Supp. 3d 875 · District Court, D. Maryland · Jul 25, 2018

Plaintiffs submit that the President's actions clearly offend the Clauses. … qualified by "for his services."

In re Lakeysha P.

106 Md. App. 401 · Court of Special Appeals of Maryland · Sep 28, 1995

It applied, and still applies, to no less than four closely-related situations: 1) where there is a clearly established intent to deprive only temporarily; 2) where there is simply a failure of persuasion as to the intent … Flem ing—the “hurricane’s eye” of paradoxical immunity in the midst of unquestioned persuasion of guilt.

Diaz v. United States

District Court, D. Maryland · Jul 26, 2023

Although the evidence established that the accident occurred, the claim for compensation was denied because plaintiff did not establish “Fact of Injury.” Id. at 2, 3. … FECA’s provisions establishing the exclusive remedy rule and barring juridical review clearly apply here. 5 U.S.C. §§ 8116(c) & 8128(a).

Kelch v. Mass Transit Administration

42 Md. App. 291 · Court of Special Appeals of Maryland · Apr 18, 1979

The rule very clearly says that such information, such documents prepared by a party, his attorney, his assured, his agent and so forth and so on is not discoverable unless you meet the several criteria establishing a substantial … and a hearing is thereafter held on a motion to compel discovery, the burden is on the party refusing discovery to establish the grounds of the claimed immunity, i.e., that the documents sought were in fact prepared in anticipation

Walker v. Rowe

District Court, D. Maryland · Sep 23, 2024

Defendants argue that Walker failed to state a claim, failed to exhaust his administrative remedies, and that they are entitled to qualified immunity. ECF No. 12-2. … Additionally, Woolford declares 3 Defendants also argue that the Complaint fails to state a claim and that they are entitled to qualified immunity. ECF No. 12.

State v. Falcon

451 Md. 138 · Court of Appeals of Maryland · Jan 20, 2017

On May 17, 2016, the State filed an opposition to the request for a preliminary injunction, contending that the Appointees were not entitled to declaratory or injunctive relief because the State had sovereign immunity, … It is likely that the [Appointees] will establish that the following provisions of 2016 Md.

Gutloff v. State

207 Md. App. 176 · Court of Special Appeals of Maryland · Aug 31, 2012

Under all the circumstances, the record must clearly reflect that the trial court made a reasonable effort to inform the defendant of his rights. Leonard, 302 Md. at 125-27 , 486 A.2d 163 (citations omitted). … District of Columbia, 942 A.2d 1132, 1135-36 (D.C.2008) (rejecting claim of immunity from prosecution). .

Mead v. Gilbert

170 Md. 592 · Court of Appeals of Maryland · Jun 10, 1936

These facts are sufficient to establish a confidential relationship between Robert and his mother. In Beinbrink v. … Fox, 121 Md. 102 , 104, 88 A. 106 , the court said: "It *Page 605 is firmly established as the law of this state that, where an aged parent makes a conveyance to a child, the burden is cast upon the grantee of establishing

McCloskey v. Republic Insurance

80 Md. App. 19 · Court of Special Appeals of Maryland · Jun 29, 1989

Whether the trial court erred in construing Republic Insurance Company’s policy so as to deny coverage for the alleged tortious conduct of its insured, where the facts established that the “business pursuits” exclusion, relied … Appellant's argument is somewhat at variance with the "Statement of Material Facts Not In Dispute,” which clearly states that Sandrus was not looking after "the children of neighbors and relatives," but was indeed "running

Simmons v. State

333 Md. 547 · Court of Appeals of Maryland · Jan 28, 1994

by the proponent to qualify a statement as a declaration against penal interest. … Coley’s statement was clearly not spontaneous.

Air Power, Inc. v. Omega Equipment Corp.

54 Md. App. 534 · Court of Special Appeals of Maryland · May 4, 1983

That attack fails, however, because we cannot say that Judge McAuliffe’s finding that an actual, honest, good faith dispute existed between the parties as to whether Air Power owed Omega money on the L Street job was clearly … The Court of Appeals, after ruling that having the check certified consti *541 tuted "use” of the check within the condition imposed by the offer of compromise, held that an accord and satisfaction had been established.

Graham v. Whitridge

99 Md. 248 · Court of Appeals of Maryland · Mar 23, 1904

In execution of that restricted, qualified power of appointment, Mrs. … Ward, and is, for that reason, clearly distinguishable from Albert v. Albert, 68 Md. 372 .

Velez v. State

106 Md. App. 194 · Court of Special Appeals of Maryland · Sep 1, 1995

In any of the foregoing circumstances, the State clearly would have established the requisite quantity of drugs. … 227 N.J.Super. 429 , 547 A.2d 743 (1988), the court explained: The legislature has made it clear that the purpose of the statute is not only to protect school children by shielding them from direct drug sales, but also to immunize

Thomas v. State

301 Md. 294 · Court of Appeals of Maryland · Oct 31, 1984

Clearly, there was no abuse of discretion in this case. … But the evidence appellant sought to offer clearly was without relevance. Evidence concerning Ms.

Smith v. State

140 Md. App. 445 · Court of Special Appeals of Maryland · Sep 10, 2001

The DOC established double celling as a special project under the authority of section 3-707. … As we have discussed, the DOC does not have complete discretion to deny double celling credits to inmates who clearly meet the eligibility standards in the regulation.

Kramer v. BOARD OF EDUC. OF BALTIMORE COUNTY

788 F. Supp. 2d 421 · District Court, D. Maryland · Mar 9, 2011

The Complaint clearly alleges discriminatory actions within that time period, although perhaps not with the precision one might prefer. … Plaintiff claims both positions were filled by less qualified males. Id. ¶ 14.

Ben v. Moskal

District Court, D. Maryland · Sep 12, 2019

capacity; (2) all Defendants are entitled to qualified immunity as to Ms. … Ben, summary judgment is granted in favor of Defendants.6 6 In light of the court’s ruling, an analysis of the Defendants’ qualified immunity argument is not necessary.