Case law

Chase v. Lockerman

11 G. & J. 185 · Court of Appeals of Maryland · Dec 15, 1840

In this qualified sense, the resolution in question, and the case of Long vs. Short, probably may be reconciled; hut the point cannot be considered free from doubt. … The principle established by, Lord Chancellor Cowper, in the case of Long vs.

Ball v. State

57 Md. App. 338 · Court of Special Appeals of Maryland · Feb 2, 1984

qualified as “the same offense” under the Bloekburger test. 4 The Court explained, at 459 U.S. at---, 103 S.Ct. at 679 , 74 L.Ed.2d 543 -544: “The rule of statutory construction noted in Whalen [v. … With respect to such situations, the law was clearly stated by Chief Judge Sobeloff in Williams v.

Communication Equipment Workers, Inc. v. Western Electric Co.

328 F. Supp. 240 · District Court, D. Maryland · Jun 17, 1971

It is conceded that phenolic molding machine operators qualified for and received the payments provided for as “Supplemental Rate A.” … Furthermore, the evidence clearly establishes that during the negotiations which led to the 1964 Supplementary Agreement, the Union and the Company agreed upon the designation of those groups which would have inflation removed

Vass v. Nathan

District Court, D. Maryland · Jun 18, 2024

Constitution, “common law sovereign immunity ‘predated’ adoption of the Eleventh Amendment, which ‘confirmed, rather than established, sovereign immunity as a constitutional principle.’” Dennard, 62 F. … Defendant Judge Carrion is further immune from this lawsuit under the doctrine of judicial immunity, as judicial immunity is “an absolute immunity” shielding “judges from monetary claims against them in both their official

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.

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).

Taylor v. Kurt Roepcke

District Court, D. Maryland · Dec 10, 2019

, since the proposed amendments would have also been dismissed under Rule 12(b)(6) on sovereign immunity grounds). … Presumably, the remaining Defendants will refile motions to dismiss the Amended Complaint, reiterating their arguments that Plaintiff’s factual allegations do not establish violations of his First Amendment rights.

Hill v. Baltimore County

86 Md. App. 642 · Court of Special Appeals of Maryland · Apr 2, 1991

Clearly, the statute provides total and permanent incapacity for duty. We do not feel Mr. Hill has met his burden in this regard. Dr. … If the Medical Board finds him or her qualified and the Board of Trustees finds him or her eligible, the applicant may be awarded a pension without the need to do anything further.

Horowitz v. Sherman

District Court, D. Maryland · Apr 27, 2022

Horowitz’s handcuffing allegations on qualified immunity grounds. (ECF No. 44, at 4-9). Mr. … Lastly, the Deputies have qualified immunity from Mr. Horowitz’s handcuffing theory of liability, as this court held in November 2020. (ECF Nos. 44, at 9). Mr.

Rochkind v. Stevenson

454 Md. 277 · Court of Appeals of Maryland · Jul 11, 2017

To demonstrate a sufficient factual basis, an expert must establish that her testimony is supported by both subfactors. … Clearly, general attention deficits and ADHD are not one and the same.

Martin v. State

113 Md. App. 190 · Court of Special Appeals of Maryland · Dec 30, 1996

Con *210 necticut, 367 U.S. 568, 602 , 81 S.Ct. 1860, 1879 , 6 L.Ed.2d 1037 (1961): “The ultimate test remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test … As is now well established, “[t]he ...

Gilroy v. SVF Riva Annapolis LLC

234 Md. App. 104 · Court of Special Appeals of Maryland · Sep 1, 2017

And in this section it appears that the legislature was clearly trying to carve out . . . the exception for the asbestos cases. … Statutes of repose are designed to establish “an absolute bar to an action or to provide a grant of immunity to a class of potential defendants after a given time period.” Anderson v.

Pete v. State

384 Md. 47 · Court of Appeals of Maryland · Dec 6, 2004

restitution by itself was insufficient to allow the victims to attach the defendant’s insurance proceeds based on civil liability for the accident, we explained, “[a]n order of restitution entered under § 807 [currently § 11-603] establishes … The General Assembly has required a direct result between the qualifying crime committed and the damages inflicted before restitution may be ordered.

Harrod v. State

423 Md. 24 · Court of Appeals of Maryland · Oct 27, 2011

In the case before us, as the party to benefit, the State clearly bears the burden of producing proof of compliance prior to retrial, which it has failed to shoulder. … The State, clearly, recognized the importance of the chemist’s report in its closing when the State’s Attorney argued: This is my favorite because it’s the easiest. We know it’s crack; we know it’s cocaine.

Schlossman v. State

105 Md. App. 277 · Court of Special Appeals of Maryland · Jun 7, 1995

These acts clearly establish that appellant committed a common law misdemeanor battery against the victim. See Kellum v. … Noting that “death is not now the usual ... consequence of an abortion,” and that the recipient is comparatively immune from danger, the Court held that Worthington properly was indicted for manslaughter.

In Re RW Heilig

372 Md. 692 · Court of Appeals of Maryland · Feb 11, 2003

Indeed, any other conclusion would raise serious Constitutional issues under the Equal Protection and Privileges and Immunities Clause of the 14th Amendment to the United States Constitution. … None of what we have recounted is evidence in this case and therefore does not establish, by itself, petitioner’s entitlement to the order he seeks. This is, clearly, an evolving area.

Webb v. Webb

92 Md. 101 · Court of Appeals of Maryland · Dec 7, 1900

The wills of both were admitted to probate and the appellants qualified as executors of each will. … After testimony had been taken establishing the facts of the case, an order of Court was passed by consent on June 23, 1899, describing the appellants as trustees, having in charge the legacies devised to the infant appellees

Yuan v. Johns Hopkins University

227 Md. App. 554 · Court of Special Appeals of Maryland · Apr 27, 2016

Yuan has clearly identified a state public policy mandate for his common law wrongful discharge claim for damages against appellee Johns Hopkins University (JHU or Hopkins). … established public policy.

United States v. Parisi

24 F. Supp. 414 · District Court, D. Maryland · Aug 11, 1938

The reason for the qualified exception of “aliens returning from a temporary visit abroad” evidently was that as they had been previously lawfully admitted to the United States they should not be prohibited from returning … The Federal Constitution expressly authorizes Congress “to establish an uniform Rule of Naturalization”. Art. 1, § 8, cl. 4, U.S.C.A.Const. art. 1, § 8, cl. 4.

Attorney Grievance Commission v. Kendrick

403 Md. 489 · Court of Appeals of Maryland · Mar 11, 2008

The record clearly supports the hearing judge’s conclusion. The record shows that Judith Nina Kerr died on February 27, 1999. … The record, however, clearly establishes that Respondent did not transfer to the Successor Personal Representative the CareFirst BCBS check.