Case law

Johnson v. Baltimore City, Maryland Baltimore Police Department

District Court, D. Maryland · Sep 29, 2023

where the EEOC concludes that there is “n[o] reasonable cause to 7 As to the first two prongs of the prima facie case, the Court notes Plaintiff’s allegations that (1) he is an African American man; and (2) he “is a qualified … 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

Bryant v. State

207 Md. 565 · Court of Appeals of Maryland · Oct 1, 1991

First, appellant did not specify any *588 witness whose testimony he wanted Miss Crane to relate, and therefore no proper predicate was established for the admission of her testimony. … On the other hand, it is true that occasionally it is advisable to make a change in a decision which was wrongly made, provided that it is found that the decision is clearly wrong and contrary to other established principles

Rose v. Home Depot U.S.A., Inc.

186 F. Supp. 2d 595 · District Court, D. Maryland · Feb 26, 2002

The word “substantial” thus clearly precludes impairments that interfere in only a minor way with the performance of [a major life activity] .... Id. at 691 (emphasis added). … Clearly, this instance is insufficient to meet the threshold of having a permanent or long-term impact on Rose’s ability to sleep.

Shirley Johnson, Personal Representative of the Estate of Elbert Davis, Sr. v. Baltimore City Police Department

District Court, D. Maryland · Apr 7, 2020

Once those three conditions are met, “the public official enjoys a qualified immunity.” Thomas, 113 Md. App. at 452. … Courts may only rule on the defense at the Rule 12(b)(6) stage “if all facts necessary to the affirmative defense ‘clearly appear[] on the face of the complaint.’” Id.

Shirley Johnson, Personal Representative of the Estate of Elbert Davis, Sr. v. Baltimore City Police Department

District Court, D. Maryland · Apr 7, 2020

Once those three conditions are met, “the public official enjoys a qualified immunity.” Thomas, 113 Md. App. at 452. … Courts may only rule on the defense at the Rule 12(b)(6) stage “if all facts necessary to the affirmative defense ‘clearly appear[] on the face of the complaint.’” Id.

Creighton v. State

70 Md. App. 124 · Court of Special Appeals of Maryland · Feb 4, 1987

All these circumstances, while individually not enough to sustain Creighton's convictions, were sufficient in concert to establish his agency. II. … We cannot alter a sentence or sentences previously imposed to ensure a defendant does or does not qualify for a recidivist penalty.

Farb v. Federal Kemper Life Assurance Co.

213 F.R.D. 264 · District Court, D. Maryland · Feb 11, 2003

Clearly, there is a factual nexus between Farb’s trustee claim and Farb’s original claim against Kemper. … Kemper is unable to establish the second element.

Offutt v. Jones

110 Md. 233 · Court of Appeals of Maryland · Feb 10, 1909

On April 17, 1879, Jones, trustee, who had qualified, as such, according to the requirements of the order of appointment, filed a petition in the Circuit Court for Montgomery County, alleging, among other things, as follows … Hamilton, 76 Md. 311 , it is said the rule is established, “that persons who are directly inter’ested in the suit and have knowledge of its pendency and who refuse or neglect to appear and avail themselves of their rights

Roe v. Doe

21 Md. 477 · Court of Appeals of Maryland · Jun 1, 1864

All the peculiarities of an estate tail, are certainly clearly pointed out, in contra-distinction to estates in fee-simple, without any intimation that the one had been merged in the other by the Act to direct descents, passed … The third class in the order of succession, in the Act of 1786, ch. 45, is described or qualified by the words, “and not derived from or through either of his ancestors,” These words were construed to be equivalent to, “by

Owens-Illinois v. Armstrong

87 Md. App. 699 · Court of Special Appeals of Maryland · Jun 26, 1991

This dust count report is also clearly distinguishable from a police report. The making of a police report is a regular requirement of police duty. … By 1935, the medical and industrial literature had established that asbestos could cause life-threatening diseases in humans. It is reasonable to charge appellant with this knowledge.

Smith v. Koerber

352 F. Supp. 591 · District Court, D. Maryland · Dec 26, 1972

Co., 78 Wash.2d 263 , 474 P.2d 98, 103 , when it stated: The right of a qualified shareholder in a corporation to vote, either personally or by proxy, for the directors who are to manage the corporate affairs is a valuable … This bylaw is identical to that authorized by federal regulation and is clearly for the purpose of avoiding major changes in the conduct of the affairs of a savings and loan association, *596 including the composition of

McNeil v. Drazin

499 B.R. 484 · District Court, D. Maryland · Oct 10, 2013

Accordingly, the Bankruptcy Court’s holding that Markuski’s fees qualified as domestic support obligations will be affirmed. III. … McNeil does not dispute that Drazin’s and Markuski's awards of attorney’s fees were established by court orders. See, e.g., ECF No. 6 at 8 (Markuski). .

Hirsch v. Maryland Department of Natural Resources

288 Md. 95 · Court of Appeals of Maryland · Jul 24, 1980

The Wetlands Act establishes a bipartite scheme depending on whether the wetlands are state or private. … Section 9-301 (c) clearly states that the maps and order "shall be filed among the land records.” (Emphasis supplied.)

Andrews v. State

291 Md. 622 · Court of Appeals of Maryland · Oct 28, 1981

Although the facts of the Allen case may be different from those in the case at bar, the principles announced by this Court in Allen clearly require a reversal in the present case. … After discussing the history of the prohibition against compulsory self-incrimination, Judge Melvin for the Court stated that "[t]he principle has always been liberally construed in order to give the fullest effect to this immunity

Laznovsky v. Laznovsky

357 Md. 586 · Court of Appeals of Maryland · Feb 11, 2000

It is couched in terms of applying where a party’s mental state is clearly an issue. In Thompson v. … The Legislature clearly established a contrary public policy. It chose to preserve the privilege in custody cases. We answer petitioner’s first question in the negative.

Empire Fire and Marine Ins. Co. v. Liberty Mutual Ins. Co.

117 Md. App. 72 · Court of Special Appeals of Maryland · Sep 3, 1997

Proof of financial responsibility was a prerequisite to obtaining the necessary certification to qualify as an interstate motor carrier. … Our review of the proceedings below clearly indicates that this contention was raised with the circuit court.

In re Honda American Motor Co.

168 F.R.D. 535 · District Court, D. Maryland · Aug 30, 1996

This implicates both United States’ public policy interests of a special significance and well-established foreign antagonisms to those laws.”). … Determining whether an individual qualifies as a “managing agent” of a corporation must be made at the time of the deposition. See, e.g., Curry v. States Marine Corp. of Del., 16 F.R.D. 376, 377 (S.D.N.Y.1954).

Koenig v. Maryland Department of Public Safety & Correctional Services

District Court, D. Maryland · Dec 1, 2021

Md. 2018) (Koenig J (finding Koenig had not established he was a qualified person with a disability and failed to prove any ADA violation) and Koenig v. … This immunity is not absolute as Congress and state □ legislatures may waive it. Id. at 249.

McMahon v. Northern Central Railway Co.

39 Md. 438 · Court of Appeals of Maryland · Feb 6, 1874

walking on the railroad track, near the viaduct, which crosses the Patapsco river, and by the rules and regulations of the Company, it was the duty of the engine man, on his approach to all bridges, to sound his whistle clearly … It was the province of the jury to determine, from all the circumstances, how far the management of the train was calculated to deceive and entrap the plaintiff, and to what extent, if any, his conduct was to be qualified

Montgomery County Board of Appeals v. Walker

228 Md. 574 · Court of Appeals of Maryland · May 11, 1962

Unlike this case, the questions raised in both of those appeals were clearly preserved for answer on any subsequent appeal. … Fairbanks properly dis-i qualified himself, we must also consider appellant’s second contention as to the effect of the tie vote of the Board. The Zoning Ordinance1—§ 104-22 (d), Montgomery Co.