Case law

Rosenstock v. Rosenstock

151 Md. 253 · Court of Appeals of Maryland · Jun 29, 1926

The appellant and appellee qualified as executors and settled what was called a first and final account on February 20th, 1922. … This agreement established that the appellee owed the appellant nothing up to its date out of this account.

Lee v. Savage

District Court, D. Maryland · Dec 27, 2022

The plaintiff, as the party asserting jurisdiction, bears the burden of establishing it. Id. … defendant except Davis—are barred by sovereign immunity. “As a general matter, the United States is immune from suit unless it waives that immunity.” Sanders v.

2022 Legislative Districting

Court of Appeals of Maryland · Aug 31, 2022

Ripley, 352 Md. 754, 763 (1999) (“An absolute immunity for legislators, with respect to conduct and statements made in the course of legislative proceedings, is as venerable as judicial immunity, having been traced back … for their legislative acts but that a Governor should have only a qualified immunity for his or her legislative function of vetoing or approving legislation.”

Kendall v. Howard County

431 Md. 590 · Court of Appeals of Maryland · May 21, 2013

The Court of Appeals for the Fourth Circuit therefore concluded that those plaintiffs did not have standing because “[t]his type of abstract, generalized interest clearly fails to meet the requirement that an injury be concrete … For this proposition, Petitioners simply cite a line of Supreme Court cases establishing that, “if a challenged state statute grants the right to vote in a limited purpose election to some otherwise qualified voters and denies

Mayor of Baltimore v. State ex rel. Board of Police

15 Md. 376 · Court of Appeals of Maryland · Apr 17, 1860

The former announces principles on which, the government, about to be established, will be based. … We have no idea that the Convention, or the people, designed to clothe the city with the immunities now claimed for it.

Hambleton v. Glenn

72 Md. 331 · Court of Appeals of Maryland · Jun 18, 1890

We are clearly of opinion, therefore, that the Court below committed no error in sustaining the demurrer to the third plea. 3. … We think, for the reasons stated, the Court below was clearly right in sustaining the demurrer to the fourth plea. 4.

Attorney Grievance Commission v. Kourtesis

437 Md. 436 · Court of Appeals of Maryland · Mar 24, 2014

Upon the filing of such application, the Court may take or direct such action as it deems appropriate, including the examination of the attorney by such qualified medical experts as the Court shall designate … The Court began by repeating the well-established principle that “[t]he purpose of a disciplinary proceeding is to protect the public, rather than to punish the errant attorney.”

Vytar Associates v. Mayor of Annapolis

301 Md. 558 · Court of Appeals of Maryland · Nov 27, 1984

Section 2 of the legislation, in its first clause, clearly indicates the intention to have the authority bestowed by § 1 apply retrospectively: AND BE IT FURTHER ENACTED, That this Act confirms and codifies authority heretofor … Prince George’s County, however, established a rate of $1.65 per $500.

Kidwell v. Transportation Communications International Union

731 F. Supp. 192 · District Court, D. Maryland · Feb 27, 1990

established by Congress. … Plaintiffs assert that the selection process is biased against employees and in favor of unions because the employees played no part in choosing the panel of qualified labor arbitrators from which individual arbitrators are

In Re Michael W.

367 Md. 181 · Court of Appeals of Maryland · Dec 13, 2001

Section 21 — 902(a)(1) and (b) required that the State establish that the defendant was either intoxicated or under the influence of alcohol. … It is a philosophical problem that we need not resolve, however, because we find another unique element in § 16-113(h) that clearly qualifies as an ‘element.’

Rankin v. Brinton Woods of Frankford, LLC

241 Md. App. 604 · Court of Special Appeals of Maryland · Jun 27, 2019

The language of the advance directive clearly established the condition precedent for its efficacy, by stating “[m]y agent’s authority becomes operative when my attending of adding fewer sheets of paper to the [c]ourt … In Dickerson, the Court of Appeals qualified the applicability of the Health Care Decisions Act (HCDA),9 stating that “the HCDA pertains only to ‘health care decisions,’” and “establishes procedures by which an individual

In re State

54 Md. 572 · Court of Appeals of Maryland · Oct 7, 1880

the class embraced in the .Ant of LS'78, only he readied by formal indictment and trial bv iurv in the criminal Courts of the State, the formality and delay attending that mode of proceeding " would either operate as an immunity … The State, clearly, would have a right to be represented by its prosecuting attorney, to produce witnesses, and cross-examine those produced by the prisoner.

State v. McKenzie

17 Md. App. 563 · Court of Special Appeals of Maryland · Apr 18, 1973

In applying the criminal standard to a civil case, it clearly articulated the criminal standard, through Justice Frankfurter, at 356 U. … The competency of accused persons as witnesses was first established, in the common law world, in Maine in 1864.

Johnson v. Corizon Health Care

District Court, D. Maryland · Jul 31, 2025

qualified immunity, and that Johnson has failed to satisfy conditions precedent for his state medical _ malpractice claim. (ECF No. 19-1.) UL. … Further, the claimant must submit to the HCADRO a certificate of a qualified expert attesting to the health care provider’s departure from the standard _ of care and attesting such departure was the proximate cause of

Huffman v. State Roads Commission

152 Md. 566 · Court of Appeals of Maryland · Mar 5, 1927

It may be that the right to abandon a road once established, and to establish another in lieu thereof, is a power of great breadth and importance, hut nevertheless, it is administrative rather than essentially legislative … bridge and approaches destroyed by the dam, another bridge and approaches thereto at a location which in its judgment would adequately serve the public convenience, would be to deprive it of power which the Legislature clearly

Basford v. Cranford

125 Md. 15 · Court of Appeals of Maryland · Jan 13, 1915

property, with the result that three of the commissioners made and filed their return, in which they state: “That all the commissioners appointed by the said Court met upon the said property according to the notice given and qualified … by commissioners, appointed to make partition of the real estate among the parties entitled; and upon full argument and deliberation it was decided, that though such valuation was not conclusive, and might be rejected if clearly

Rollins v. State

392 Md. 455 · Court of Appeals of Maryland · May 5, 2006

Smialek had been qualified as en expert in the field in which he was testifying, the subject matter about which Dr. … Clearly, Rollins was able to confront Ms. Dehne regarding her statements.

Wagner v. Shank

59 Md. 313 · Court of Appeals of Maryland · Feb 2, 1883

The gross iniquity of this whole transaction, manifest enough upon its face, is abundantly established by the proof. … There is here, however, no question as to the facts that Locke was, at the time, duly commissioned, and had duly qualified by taking the requisite oath at the proper time.

Nagle & Zaller, P.C. v. Delegall

480 Md. 274 · Court of Appeals of Maryland · Aug 11, 2022

For example, to qualify for a license, the applicant must demonstrate, among other things, that its “business will promote the convenience and advantage of the community in which the place of business will be located[]” … Clearly, the statute does not apply to businesses where the primary business purpose is something other than making consumer loans in an amount of $25,000 or less.

State v. Sayre

314 Md. 559 · Court of Appeals of Maryland · Jan 23, 1989

This accounts for the established practice in the federal courts that the sentencing judge may recall the defendant and increase his sentence, at least (and we venture no comment as to this limitation) so long as he has not … The Court, speaking though Justice Black, upheld the “increase” of sentence and said that “[t]he Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner