Case law

Baltimore & Ohio Railroad v. State

36 Md. 519 · Court of Appeals of Maryland · Jun 21, 1872

Every body understood this to be the established constitutional law upon the subject, and contracts and dealings were regulated by parties according to this standard. … The former decisions of that Court have been reversed to a qualified extent only, and this has been by a bare majority of the Judges.

Peterson v. State

467 Md. 713 · Court of Appeals of Maryland · Mar 31, 2020

A writ of error coram nobis is a form of Maryland common law relief that requires a petitioner to satisfy certain qualifying elements. … State, 361 Md. 52, 760 A.2d 647 (2000), we clearly established that the significant collateral consequences must arise from the conviction.

Thanos v. State

330 Md. 77 · Court of Appeals of Maryland · Apr 5, 1993

The psychiatric witnesses established that Thanos came from an extremely dysfunctional family. … The record clearly establishes that Thanos murdered Gregory Taylor while in the process of stealing his vehicle.

Humphrey v. Drivers, Chauffeurs & Helpers Local 639

369 F. Supp. 730 · District Court, D. Maryland · Jan 28, 1974

Coupled with the substantial passage of time in which Congress has had opportunity to “correct” this interpretation, this would appear to be clearly the rule that the Board will apply, and this Court will not disturb such … McCleod, 24 a mixed union of guards and non-guards was permitted on a ballot in an election for representation along with a qualified union.

Mayor of Baltimore v. Stuyvesant Insurance

226 Md. 379 · Court of Appeals of Maryland · Oct 11, 1961

Undoubtedly, the nature of the bail bond business makes it clearly a proper subject for police regulation. … Clearly, the writing of bail bonds by corporate sureties comes well within this definition.

Attorney Grievance Commission v. Saridakis

402 Md. 413 · Court of Appeals of Maryland · Dec 7, 2007

Much more importantly, the manner in which Smith handled this matter establishes that he was not independent in fact. His inquiry into the facts essential to proper representation was minimal. … One, it clearly was dicta.

King v. Marriott International, Inc.

160 Md. App. 689 · Court of Special Appeals of Maryland · Jan 27, 2005

terminated from her position in appellee’s employee benefits department because she voiced objections to her co-workers and supervisor about the proposed transfer of funds from an employee Medical Plan (“Medical Plan or Plan”), qualified … A public policy that is clearly demonstrated by a statute or regulation may be considered so long as it is relevant to the conduct at issue in the case.

Young v. Hartford Accident & Indemnity Co.

303 Md. 182 · Court of Appeals of Maryland · May 31, 1985

We have also applied a proximate cause test in other factual situations to determine whether, following an initial injury which was clearly compensable, a second injury was also compensable. … He says that Flood “held that the insurer, in selecting and providing a physician, was performing a duty imposed on the employer by the compensation statute, and therefore should obtain the employer’s immunity.”

Howard Street Jewelers, Inc. v. Wegad

87 Md. App. 351 · Court of Special Appeals of Maryland · May 14, 1991

The Rule quite clearly requires, not only a prompt objection to the court’s instructions, but a statement of the basis for that objection as well. … It did not include any portion of the trial transcript even though appellant’s argument depended upon the establishment of at least a limited factual predicate.

Moura v. Randall

119 Md. App. 632 · Court of Special Appeals of Maryland · Feb 6, 1998

Moreover, given a trial judge’s discretion in permitting a witness to testify as an expert, we cannot say, as a matter of law, that Lipsitt would not so qualify. … The record clearly established that the dog had never “growled at, bitten, or previously attacked any person.” Id. at 476 , 476 A.2d 227 .

Fuller v. Secretary of Public Safety Dept. Public Safety & Correctional Services

District Court, D. Maryland · Nov 4, 2020

Fuller] establish that the DOC employees should have known of an imminent attack on Petitioner.” Id. Mr. … Fuller’s litigation of the same claims here under principles of res judicata; and they are entitled to qualified immunity. ECF No. 21-1. A.

Jackson v. State

207 Md. App. 336 · Court of Special Appeals of Maryland · Sep 5, 2012

Clearly, Mr. Jones’s transcribed statement to defense counsel is hearsay. … However, “there is no litmus test that courts must follow to establish adequate corroboration or trustworthiness.” Id.

Green v. Washington Suburban Sanitary Commission

259 Md. 206 · Court of Appeals of Maryland · Oct 14, 1970

There is no specific minimum use requirement needed to establish a public right-of-way by prescription, although slight or occasional use of unenclosed land is not sufficient.. Feldstein v. … The finding of no liability obviates the need for us to discuss the appellants’ questions concerning punitive damages against the Sanitary Commission or the questions appellees have raised concerning sovereign immunity.

Watkins v. Butler

District Court, D. Maryland · Jan 3, 2024

Va. 2004) (noting that the fact that the guards violated the inmate’s “rights, standing alone, is insufficient to establish an Eighth Amendment claim against the City”). … Immunity The DPSCS Defendants argue that Plaintiff’s negligence claim against Powell fails because Powell is immune under the Maryland Tort Claims Act (“MTCA”), MD.

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

District Court, D. Maryland · Apr 23, 2021

At this stage, however, the record does not clearly establish the purpose of that $5,000 award, which presumably will be fleshed out as the litigation progresses. … immunity.

Medi-Cen Corp. v. Birschbach

123 Md. App. 765 · Court of Special Appeals of Maryland · Nov 30, 1998

Q: And that the monies that would come as a result of those bills that were generated would then be deposited into an account which you had established in cooperation with Medi-Cen at NationsBank, correct? … Because the value of such assets may, in certain circumstances, be discounted, it is appropriate for the trier of fact to hear qualified opinion testimony on their fairly realizable value. Constructora Maza, Inc. v.

Schaefer v. Aetna Life & Casualty Co.

910 F. Supp. 1095 · District Court, D. Maryland · Jan 4, 1996

Plaintiffs allegations in this case fall far short of adding up to the establishment of “actual malice.” … States, 686 F.2d 1320 , 1327 n. 14 (8th Cir.1982), cert. denied, 459 U.S. 1147 , 103 S.Ct. 788 , 74 L.Ed.2d 994 (1983) (“Where a motion to dismiss for lack of subject matter jurisdiction is granted on grounds of sovereign immunity

PRESBYTERIAN UNIVERSTIY HOSPITAL v. Wilson

99 Md. App. 305 · Court of Special Appeals of Maryland · Feb 24, 1994

Merchent, 744 F.2d 665 (9th Cir.1984), cert. denied, 470 U.S. 1005 , 105 S.Ct. 1359 , 84 L.Ed.2d 380 (1985), clearly illustrates why the cases cited by PUH are inapposite. … The Camelback II court then noted that even though the plaintiffs here clearly have a significant interest in obtaining relief ...

Myers v. State

58 Md. App. 211 · Court of Special Appeals of Maryland · Apr 4, 1984

Myers avers that the trial judge violated the rule established in Jones v. … Jones clearly delineated when a particularized need is shown.

Jones v. State

222 Md. App. 600 · Court of Special Appeals of Maryland · Apr 29, 2015

What is more, “Maryland common law provides well-established protections for individuals against being twice put in jeopardy.” Id. at 408. … risk of death” is “undoubtedly dangerous to human life” and that the “manner in which” the particular assault in that case had been committed, that is, by repeatedly dropping a boulder on the victim’s head, was “also clearly