Case law

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  • 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

    Cited 10 timesPublished
  • 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.

    Cited 24 timesPublished
  • A Guy Named Moe, LLC v. Chipotle Mexican Grill of Colorado, LLC

    223 Md. App. 240 · Court of Special Appeals of Maryland · May 29, 2015

    The establishment’s principal business will be the sale of foods and beverages to customers in a ready-to-consume state. 2. … Thus the reasoning in Price clearly applies to the instant case: If a domestic LLC cannot, by “negative implication,” file or maintain suit, then surely a foreign LLC containing an express bar to such legal action cannot

    Cited 4 timesPublished
  • State v. Sanmartin Prado

    448 Md. 664 · Court of Appeals of Maryland · Jul 11, 2016

    Relevant here, the Court of Special Appeals held that “trial counsel qualified his statements to Sanmartin Prado as to whether a conviction would render him deportable[,]” and that, accordingly, “Sanmartin Prado established … under that immigration statute, not that he clearly would be deported.”

    Cited 17 timesPublished
  • 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.

    Cited 50 timesPublished
  • Alimchandani v. Goings

    39 Md. App. 353 · Court of Special Appeals of Maryland · May 11, 1978

    Greene, M.D., of New York City,, who qualified as an expert in anesthesiology. Based on his examination of the hospital records, Dr. … App. 239, 248 , 310 A. 2d 569 (1973), we stated: “ ‘The Court of Appeals and this Court have consistently held that if jury instructions, when read as a whole, clearly set forth the applicable law, there is no reversible

    Cited 2 timesPublished
  • White v. Pines Community Improvement Ass'n

    403 Md. 13 · Court of Appeals of Maryland · Jan 10, 2008

    The deed created by the Turners that *33 conveyed The Pines to the company of which Leon[id]as was the president, and the plats accompanying that conveyance, clearly establish a waterfront community. … The trial court found that Pier 14B can hardly qualify as a pier because it was dismantled in the late 1970’s.

    Cited 34 timesPublished
  • Rivera v. State

    409 Md. 176 · Court of Appeals of Maryland · Jun 10, 2009

    Rivera’s motion for coram nobis relief on the basis that the record established that Mr. … Rivera “immunity or insulation from deportation or immigration consequences in connection with his guilty plea.”

    Cited 16 timesPublished
  • Barber v. Eastern Karting Co.

    108 Md. App. 659 · Court of Special Appeals of Maryland · Mar 28, 1996

    Did the circuit court err in granting summary judgment in favor of Woodbridge based on the anticipatory release because the evidence on the record purportedly establishes a genuine dispute as to whether appellant fully intended … Id. at 512 n. 10 (“We do not attribute to the legislature the intent to immunize commercial whitewater outfitters ... from liability for intentional or reckless misconduct or gross negligence....

    Cited 8 timesPublished
  • Ayres v. Ocwen Loan Servicing, LLC

    129 F. Supp. 3d 249 · District Court, D. Maryland · Sep 8, 2015

    On March 15, 2012, the Plaintiffs sent Ocwen a Qualified Written Request (“QWR”). Id. at ¶ 58. … The Court warned the Plaintiffs “that if they do not clearly and adequately state their claims, they will be dismissed with prejudice.” Id. On October 24, 2014, the Plaintiffs filed an amended complaint. ECF No. 61.

    Cited 52 timesPublished
  • Adams v. State

    183 Md. App. 188 · Court of Special Appeals of Maryland · Dec 2, 2008

    Before the exercise of peremptory challenges, the court shall designate from the jury list those jurors who have qualified after examination. … We do not establish any ironclad ritual to govern the calling of prospective jurors.

    Reversed on other grounds by Adams v. State, 415 Md. 585 (2010)Cited 2 timesPublished
  • Kelly v. Swan

    District Court, D. Maryland · Mar 6, 2025

    It is well established that the doctrine of respondeat superior does not apply in § 1983 claims. See Love-Lane v, Martin, 355 F.3d 766, 782 (4th Cir. 2004). … Stroud, 13 F.3d 791, 799 (4th Cir. 1994), Plaintiff clearly alleges that he suffered from a serious medical condition, which Defendants do not directly refute. See ECF 28-1 at 16.

    Cited 0 timesUnknown
  • Butler v. State

    91 Md. App. 515 · Court of Special Appeals of Maryland · Apr 29, 1992

    Findings and rulings made at a suppression hearing do not qualify as valid and final judgments. Cook v. … Each could well qualify as a separate crime.

    Cited 13 timesPublished
  • 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

    Cited 1 timesPublished
  • Maryland State Board of Elections v. Libertarian Party

    426 Md. 488 · Court of Appeals of Maryland · May 21, 2012

    (ii) Signatures on the petition must have been affixed to the petition not more than 2 years before the filing date of the last qualifying signature. … (b) State Board to establish process. — The State Board, by regulation, shall establish the process to be followed by all election authorities for verifying and counting signatures on petitions.

    Cited 7 timesPublished
  • State Farm Mutual Automobile Insurance v. Gregorie

    131 Md. App. 317 · Court of Special Appeals of Maryland · Mar 31, 2000

    We conclude that the present case, however, presents a circumstance that qualifies as prejudice justifying disclaimer of coverage under any of these standards. … established the insured’s negligence”); Western Farm Bureau Mut.

    Cited 3 timesPublished
  • Tedesco v. Tedesco

    111 Md. App. 648 · Court of Special Appeals of Maryland · Oct 30, 1996

    He found there was a lack of trust and confidence in the other party necessary to the establishment of a confidential relationship. We are unable to say his decision on this issue was clearly erroneous. Md. … The trial court clearly erred.

    Cited 14 timesPublished
  • Facey v. Facey

    249 Md. App. 584 · Court of Special Appeals of Maryland · Feb 26, 2021

    In reaching this conclusion, the judge also credited as “extremely [] believable” the testimony of Katherine Koppenhaver, who was qualified in the field of “Forensic Document Examiner.” Ms. … Facey clearly agreed to pay $75,000 to his former wife.

    Cited 2 timesPublished
  • 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.

    Cited 15 timesPublished
  • Baker v. State

    130 Md. App. 281 · Court of Special Appeals of Maryland · Feb 15, 2000

    In its earlier statement of the exception, Curley qualified the verb “circumvents” with the limiting adverb “necessarily.” … The record clearly establishes, with no basis for a contrary inference, that the charges were nol grossed because of a legitimate belief that the charging documents were defective and because the defendants’ attorney would

    Cited 10 timesPublished

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