Case law

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

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.

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.

Reichard v. Izer

95 Md. 451 · Court of Appeals of Maryland · Jun 19, 1902

agreed under their hands and seals not to contest the validity of the will and codicil, and had given their assent to the approval and ratification of an account stated by the executors more than nine months after they had qualified … Exhibit C was signed by all the children of the testratrix, but unless the Court approves and ratifies that account, it does not very clearly appear how that paper would of itself be material, excepting in so far as it reflects

United States v. Mandel

415 F. Supp. 1033 · District Court, D. Maryland · Apr 5, 1976

Thus, for example, all officials with state-wide duties would be immune from prosecution under state statutes for violation of their public trust. … Similarly, officials with a national constituency would be immune from any such prosecution under federal statutes.

Nationwide Mutual Insurance v. Insurance Commissioner

67 Md. App. 727 · Court of Special Appeals of Maryland · Jun 5, 1986

Although the intended purpose of ALIP was rehabilitative, Level III is clearly a dead end. … The evidence clearly established that, despite any inaccuracies, more than enough evidence on the effect of ALIP was before Raimondi to support his decision.

Estate of Renardo Green v. John Does 1-5

District Court, D. Maryland · Sep 30, 2023

“Only if a constitutional claim has been alleged should we proceed to the determination of whether qualified immunity shields the defendant from liability.” Id. … Because Plaintiffs fail to adequately allege a constitutional violation, the court does not reach the question of qualified immunity.

Emerald Hills Homeowners' Ass'n v. Peters

446 Md. 155 · Court of Appeals of Maryland · Jan 27, 2016

The opening phrase “[u]nless otherwise provided on this plat” in the signature block qualifies the limiting language that follows. … Conclusion Dubrowin and Kobrine make clear that a plat can establish an express easement in certain circumstances and we have no difficulty holding that the Emerald Hills Subdivision Plat established an express

Harwood v. Johns Hopkins University

130 Md. App. 476 · Court of Special Appeals of Maryland · Mar 2, 2000

Courts must “enter the realm of school discipline with caution” and allow schools flexibility in establishing and enforcing disciplinary procedures. Woodis v. … The court did, however, recognize that a school must award a diploma only to a student who “completes the prescribed course of study and who is otherwise qualified.” Id. at 437 (emphasis added). li.

Glunt v. GES Exposition Services, Inc.

123 F. Supp. 2d 847 · District Court, D. Maryland · Dec 11, 2000

To establish a claim under the Equal Pay Act (EPA), the plaintiff-employee must show that members of the opposite sex employed in the same establishment are paid different wages for equal work on the basis of sex. … First, of September, Plaintiff informed her supervisors of her intent to take twelve weeks of maternity leave for the birth of her child, a clearly protected right under the FMLA. See 29 U.S.C. 2612(a)(1)(A).

Sam Yonga v. State

221 Md. App. 45 · Court of Special Appeals of Maryland · Jan 28, 2015

It is only an adjectival qualifier. It is not the thrust of the writ. … If, arguendo, the testimony of the victim and her mother had been believed, would such evidence have qualified as having been newly discovered?

Walls v. State

179 Md. App. 234 · Court of Special Appeals of Maryland · Mar 28, 2008

F: Seize articles of personal property tending to establish or corroborate the identity of the person or persons in control of the premises consisting of and including, but not limited to, utility company receipts, rent receipts … Certainly, the defendant in this case would not have been immune from arrest because he was standing in the backyard of the property and not inside the house when the police arrived. ^ ^ ^ In the instant case, we conclude

McLaurin v. State

31 Md. App. 375 · Court of Special Appeals of Maryland · May 6, 1976

SILVERMAN: The final stipulation in the case involves the testimony of Sergeant Wayne Henninger who is a qualified expert in identifying and comparing fingerprints in Baltimore County. … We think this evidence too meager to establish appellant’s criminal agency with respect to larceny of the Colvin automobile. The conviction will therefore be reversed.

Bailey-Bey v. Mosby

District Court, D. Maryland · Aug 3, 2023

If, however, “all facts necessary to [an] affirmative defense” such as the statute of limitations “‘clearly appear[ ] on the face of the complaint,’” the Court may consider the defense. Goodman v. … As a result, equitable tolling is appropriate only when the litigant establishes “(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing

Attorney Grievance Commission v. Green

441 Md. 80 · Court of Appeals of Maryland · Dec 21, 2014

“‘[W]e generally will accept the hearing judge’s findings of fact, unless those findings are clearly erroneous.’” Harmon, 433 Md. at 612, 72 A.3d at 562 (quoting Attorney Grievance Comm’n v. … We accept the facts 14 as found by Judge Callahan as they were not clearly erroneous based on our review of the record.

St. James Construction Co. v. Morlock

89 Md. App. 217 · Court of Special Appeals of Maryland · Nov 5, 1991

Clearly, this testimony was sufficient to establish when the house was built (the fact that carpeting and doorknobs remained to be installed is insignificant) and, consequently, what standards were applicable at the time … The trial judge had previously excluded James Morlock from testifying on the diminution of value of the house on the ground that he was not qualified to do so.

Hall v. State

36 Md. App. 362 · Court of Special Appeals of Maryland · Jun 8, 1977

Moreover, Article 27, § 5 (b) of the Annotated Code of Maryland clearly authorizes the Public Defender to pay fees and expenses for professional and technical services rendered to indigent persons. … The scope of discovery established by Maryland Rules 400 and 406 and the decisions such as Wagonheim v. Md. State Bd. of Censors, supra, applies equally to all discovery devices.

Action Committee for Transit, Inc. v. Town of Chevy Chase

229 Md. App. 540 · Court of Special Appeals of Maryland · Sep 1, 2016

The Open Meetings Compliance Board is a State agency established by GP § 3-201. … Id. at 157-58.20 20 Although Opinions of the Attorney General have a clearly established place in the firmament of Maryland law, the MPIA Manual does not.

Deal v. Kincaid, Jr.

District Court, D. Maryland · Mar 4, 2021

City of Cincinnati, 414 F.3d 596, 600–01, 602–04 (6th Cir. 2005) (affirming denial of qualified immunity to officials who left a man in a police cruiser for six minutes after beating him, pinning his arms under his chest … immunity for any constitutional violation.

Dorsey v. Solomon

435 F. Supp. 725 · District Court, D. Maryland · Jul 26, 1977

The examiners were qualified professionals who rendered their professional opinions at the request of the court. … The latter should clearly be given greater procedural protections at the proceedings to be held to determine his defective delinquency.