Case law

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.

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.

Taylor v. United States

District Court, D. Maryland · Oct 19, 2022

The Attorney General’s certification as to scope of employment “shall conclusively establish” the propriety of removal. Id.; see also Osborn v. … Sovereign immunity protects the United States and its agencies from all lawsuits absent a waiver of immunity. Welch v. United States, 409 F.3d 646, 650 (4th Cir. 2005).

Veditz v. Athey

239 Md. 435 · Court of Appeals of Maryland · Jul 13, 1965

These Executors duly qualified. The First Codicil contained a number of bequests of articles of furniture to various legatees, including Marie. … Such a holding would be contrary to the established principles of testamentary construction, under which testators are taken as meaning what they clearly say.

Stark v. Comptroller of Treasury

78 Md. App. 599 · Court of Special Appeals of Maryland · Mar 9, 1989

In the latter case the localization for the purpose of transacting business may constitute a business situs quite as clearly as the conduct of the business itself.” … which are within the protection of the state and entitled to the numerous other benefits which it confers____ And the privilege of receiving dividends derived from corporate activities within the state can have no greater immunity

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.

Donnelly v. Donnelly

198 Md. 341 · Court of Appeals of Maryland · Oct 10, 2001

Much testimony was devoted in establishing the financial condition of the parties both before and after the date of the contract in question, but the view we take of this case renders such testimony immaterial. *345 Donnelly … The qualifying words seem clearly applicable to all three parties, and their respective ‘survivors or survivor’.”

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.

Lloyd v. General Motors Corp.

397 Md. 108 · Court of Appeals of Maryland · Feb 8, 2007

[that did not] meet the threshold of establishing a clear danger of death or personal injury.” … Under this reasoning, therefore, economic losses qualify as a cognizable injury under negligent misrepresentation. 10 *138 iv.

United States v. Kim

902 F. Supp. 2d 763 · District Court, D. Maryland · Oct 2, 2012

Kehoe, 516 F.2d 78 (5th Cir.1975) cert. denied 424 U.S. 909 , 96 S.Ct. 1103 , 47 L.Ed.2d 313 (1976), the Government notes that such a tactical approach did not immunize the defendant from a subsequent prosecution under a … Moreover, on these facts the Government has failed to establish a prima facie case showing Defendant’s driver’s license was suspended, and if so, that he was aware of the suspension.

Stannard v. McCool

198 Md. 609 · Court of Appeals of Maryland · Dec 7, 1951

This statement is qualified by comment (e) thereunder, which states: “Actor’s knowledge of other’s expectancy. … created the twelve thousand dollar contract or of the contract, entered into between the appellant and the Nowland heirs, and that knowledge being essential to a recovery of a judgment in this case, the trial judge was clearly

Van Teslaar v. Bender

365 F. Supp. 1007 · District Court, D. Maryland · Oct 17, 1973

Relying upon the record, plaintiff states that the evidence clearly establishes that he was not informed of the substance of the complaint until charges had been formally served on him. (See tr. 146-173). … Heffner, 420 F.2d 809 at 811 (4th Cir. 1969) that “An agency of the government must scrupulously observe rules, regulations, or procedures which it has established.

State v. Miller

475 Md. 263 · Court of Appeals of Maryland · Aug 5, 2021

A technician works under the direction of a qualified analyst. FBI QAS, supra, at Std. 2 (definitions). A technical reviewer is a qualified analyst. Id. … Clearly, Mr. Razatos had “reviewed” Mr. Caylor’s analysis by the time of trial. What concerned the Court on this point was the fact that Mr.

MedImmune, Inc. v. Centocor, Inc.

271 F. Supp. 2d 762 · District Court, D. Maryland · Jul 16, 2003

Medlmmune has benefited from immunity from suit and Centocor has equally benefited from royalty payments. … The Court disagrees, finding only one: Med-Immune’s breach of the licensing agreement.

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

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.

Panghat, M.D. v. Department of Veterans Affairs

District Court, D. Maryland · Mar 27, 2020

However, plaintiff failed to satisfy these conditions precedent to Maryland’s waivers of sovereign immunity. … However, the letter qualified that plaintiff’s appointment could end via “notice of termination per the UMSOM Scholar Fellow Policy.” Id.

Law v. Zuckerman

307 F. Supp. 2d 705 · District Court, D. Maryland · Feb 27, 2004

However, HIPAA clearly regulates the methods by which a physician may release a patient’s health information, including “oral” medical records. … HIPAA and the related provisions established in the Code of Federal Regulations expressly supercede any contrary *709 provisions of state law except as provided in 42 U.S.C. § 1320d-7(a)(2).

Attorney Grievance Commission v. Korotki

318 Md. 646 · Court of Appeals of Maryland · Feb 21, 1990

Four of the claims for loss of consortium and the issue of punitive damages were decided on motion in favor of the defendant. 5 Although Judge Ross commented that the evidence was “razor thin” to establish liability, he was … On the liability issue that court “refuse[d] to declare, as a matter of law, that because some magnesium is perceived to be burning, the owner is immunized from responsibility for the injuries caused by magnesium which is

Brantner v. Watkins

227 Md. 626 · Court of Appeals of Maryland · Feb 22, 1962

The fact that the evidence did not establish that the child was in a position of imminent peril in the street within the unobstructed view of the driver distinguishes this case from Miller v. … The facts of this case clearly place it within the second situation and within the ambit of such cases as Cocco v. Lissau, 202 Md. 196 , 95 A. 2d 857 (1953), and Lenehan v. Nicholson, supra.