Case law

Tawwaab v. Virginia Linen Service, Inc.

729 F. Supp. 2d 757 · District Court, D. Maryland · Jul 28, 2010

which the plaintiff applied or sought to apply; (3) he was qualified for the position; and (4) he was rejected under circumstances giving rise to an inference of discrimination.” … Carter can point to no specific available position at VLS or any other Mohenis depot for which he was qualified.

Mayor of Ocean City v. Bunting

168 Md. App. 134 · Court of Special Appeals of Maryland · Apr 4, 2006

“specific” and “technical” in nature that it is clearly an issue for the Council and not the voters to resolve. … Municipal corporations in Maryland, such as Ocean City, are authorized by Article XI-E, §§ 3 and 4 of the Constitution of Maryland to adopt charters, and to amend or repeal provisions thereof, either by a petition of qualified

Byrne v. Maryland Realty Co.

129 Md. 202 · Court of Appeals of Maryland · Jun 23, 1916

The resolution of the Forest Park Improvement Association filed with his answer states fully and clearly all the reasons which have been or can be urged in support of the refusal of the appellant to issue the permit. … Sams, 95 Md. 400 , that: “It cannot he pretended that the citizen has not the common law right to acquire title to a lot of land, qualified or absolute, in a city as elsewhere and to build upon and improve it as his taste

Fisher v. State

128 Md. App. 79 · Court of Special Appeals of Maryland · Sep 8, 1999

Judge Levitz clearly did not abuse his discretion in this case. … Now, clearly that’s not what we are dealing with here.

Gootee v. Wicomico County Detention Center

District Court, D. Maryland · Feb 1, 2021

In other words, if there clearly exist factual issues “that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party,” then summary judgment is inappropriate. … immunity.

Handy v. McKim

64 Md. 560 · Court of Appeals of Maryland · Mar 9, 1886

In expounding deeds no principle is more familiar or better established than that the intention of the parties shall prevail, if not repugnant to some principle or maxim of the law; and that the intention is to be gathered … And it was held that the subsequent words, “ in case of his death without lawful issue,” should be allowed to qualify and restrain the generality of the precedent expressions, (to T.

United States v. Lord-Mott Co.

57 F. Supp. 128 · District Court, D. Maryland · Jul 18, 1944

We reach the conclusion that, independently of the provision last quoted, in a criminal proceeding of this kind in the absence of some clearly expressed, valid provision in the law itself for an exclusive method of testing … But the Court can not blink the fact that they are naturally interested, or biased, in seeing that their work or the work of their associates in this matter is upheld, and when such highly qualified witnesses as the head

Postal Telegraph Cable Co. v. State of Maryland

110 Md. 608 · Court of Appeals of Maryland · Jun 29, 1909

State, 74 Md. 449 , In discussing a wholly different provision of the constitution (Art. 6, sec. 5, which declares that the Treasurer shall qualify within one month after his appointment by the Legislature) Judge Miller said … State, 40 Md. 302 : “It is true there was a division of the Court upon the subject, but the judgment of the Court stands as the established law of the State, to govern in the construction of the laws.”

In Re Mutual Funds Investment Litigation

519 F. Supp. 2d 580 · District Court, D. Maryland · Oct 19, 2007

These allegations suffice to establish standing for constitutional purposes. 9 II. … When that is the case, one clearly may not use the corporate structure of the broader investment company to confer standing across all funds within that company ...

United States v. 8286 Sq. Ft. of Space in Paca-Pratt Bldg.

61 F. Supp. 737 · District Court, D. Maryland · Jul 25, 1945

And this seems to be very clearly and expressly the effect of the 14th Article of the lease. … But the context shows clearly enough that the one clause does not modify the other but is in addition to the other.

Levy v. Seven Slade, Inc.

234 Md. 145 · Court of Appeals of Maryland · Mar 11, 1964

By Paragraph U of Sec. 5 such a comhy has power to establish a county board of appeals provided that “any decision by a county board of appeals” may be appealed by an aggrieved party to the circuit court for the county “which … And negative action of this sort is clearly not entitled to the same weight, in considering the merits of a controversy, as a positive determination.

Lowry v. State

363 Md. 357 · Court of Appeals of Maryland · Mar 12, 2001

person and, thus, without a qualified person the ‘test’ is unavailable, the same cannot be said with respect to equipment.” … Conviction may be had on any competent evidence legally sufficient to establish the corpus delicti of the crimes and the criminal agency of the accused. I agree.

Hippler v. State

83 Md. App. 325 · Court of Special Appeals of Maryland · Jun 5, 1990

Determinations by the trial judge regarding the weight to be accorded evidence and issues of witness credibility will not be disturbed on appeal unless clearly erroneous. Byrd v. … Detective Tabor was duly qualified at trial as an expert regarding controlled dangerous substances, and it was established that he had previously testified as an expert concerning PCP. 3 .

Rood v. Rosen (In re Rood)

482 B.R. 132 · District Court, D. Maryland · Sep 29, 2012

PDA device” from which “a qualified intellectual technology professional ... [was] to download and store electronically the Debtor’s e-mails responsive to ... … Rood’s argument to the contrary, a finding of bad faith would clearly have been warranted.

Bama, Inc. v. Anne Arundel County

53 Md. App. 14 · Court of Special Appeals of Maryland · Nov 5, 1982

The ordinance referred to as Section 13-121 (c), which is the only clearly expressed authority to impose such condition, was not enacted until after the condition was imposed and agreed to by Bama on April 4, 1977. … The protection of compensation for governmental taking is qualified by the rightful exercise of the police power, bearing a substantial relation to the protection of the public welfare.

Attorney Grievance Commission v. Floyd

400 Md. 236 · Court of Appeals of Maryland · Jul 30, 2007

The concept of negotiation clearly creates the impression that the relationship between Respondent and Iverson was arm’s length. … identified as a person to be contacted to assess one’s qualifications or one who has been identified as making a job offer to be honestly received as a basis for a salary *249 above that to which one might otherwise be qualified

Woodbury v. Victory Van Lines

286 F. Supp. 3d 685 · District Court, D. Maryland · Dec 21, 2017

Individuals are thus immune from suit unless they themselves qualify as an "employer" under the statute. Baird ex rel. Baird v. Rose , 192 F.3d 462 , 472 (4th Cir. 1999). … Woodbury has asserted that she is entitled to damages because, when Yanuzov learned that she intended to tell ICE that he had entered into a sham marriage for immigration purposes, he threatened to fire her and otherwise established

Suburban Hospital, Inc. v. Dwiggins

83 Md. App. 97 · Court of Special Appeals of Maryland · May 30, 1990

In establishing this principle in Hines v. … The contractual system would then cease to qualify as an adequate mechanism to secure individual redress for damaging failure of the employer to abide by the contract.” See also Bowen v.

Younie v. State

19 Md. App. 439 · Court of Special Appeals of Maryland · Nov 28, 1973

Loretta Scully was granted immunity and testified as a State’s witness. She testified that she left Hartford on December 26 in the company of the appellant, McCormack and Grondin. … The factual premises are by no means established. Mr.

DENO CONSTANTINE KANARAS v. State

54 Md. App. 568 · Court of Special Appeals of Maryland · May 6, 1983

After about forty-five minutes, they left for the Golden Forty, another drinking establishment, arriving there at about 1:20 A.M. … Such attempted immunity extended to a man’s dwelling or mansion house has been said to be attributable to the early common-law principle that a man’s house is his castle.