Case law

Heckman v. Ryder Truck Rental, Inc.

962 F. Supp. 2d 792 · District Court, D. Maryland · Aug 21, 2013

To the contrary, the text of Rule 702 expressly contemplates that an expert may be qualified on the basis of *798 experience.’ ... … But, Ryder points to no specific provision regarding door strap inspections, and its contract with Wantz clearly states it assumed a duty to conduct “all maintenance” on the vehicle as lessor.

Western Maryland Tidewater Railroad v. Mayor of Baltimore

106 Md. 561 · Court of Appeals of Maryland · Nov 13, 1907

is actually made land, wharves, permanently filled in with earth, and the like,” to use the language of his brief, and we are of the opinion that such is the law, unless of course the provisions of a particular charter clearly … Rep. 1016, it was said that "The Century Dictionary defines a pier to be ‘projecting quay, wharf, or other landing place;’ and, without some qualifying adjective this is the ordinary meaning of the word.

Thomas v. Watts

District Court, D. Maryland · Mar 27, 2024

Defendants argue that Thomas has failed to state a plausible claim for relief as to any claim, and that Defendants are entitled to qualified immunity. I. … For the subjective prong, to establish a sufficiently culpable state of mind, there must be evidence of deliberate indifference, in that a known excessive risk of harm to the inmate’s health or safety was disregarded.

Coates v. DPSCS

District Court, D. Maryland · Jul 29, 2019

Eleventh Amendment Immunity The State Defendants argue that DPSCS, as an agency of the State of Maryland is immune from suit in federal court under the Eleventh Amendment and Warden … While the State of Maryland has waived its sovereign immunity for certain types of cases brought in state courts, see Md.

West. Md. T.R. Co. v. Baltimore City

106 Md. 561 · Court of Appeals of Maryland · Nov 13, 1907

is actually made land, wharves, permanently filled in with earth, and the like," to use the language of his brief, and we are of the opinion that such is the law, unless of course the provisions of a particular charter clearly … Rep. 1016, it was said that "The Century Dictionary defines a pier to be `projecting quay, wharf, or other landing place;' and, without some qualifying adjective this is the ordinary meaning of the word.

Microsoft Corp. v. Grey Computer

910 F. Supp. 1077 · District Court, D. Maryland · Dec 21, 1995

The evidence, including Williams’ and Mazoch’s admissions, clearly establishes that Direct Wholesale distributed 660 units of MS-DOS in the period covering the third quarter of the 1993 fiscal year; 2,302 units in the fourth … The evidence clearly establishes that, at a minimum, Direct Wholesale distributed 258 units of Windows during the period covering the third quarter of fiscal year 1993; 1,709 units in the fourth quarter of fiscal year 1993

In Re Julianna B.

177 Md. App. 547 · Court of Special Appeals of Maryland · Dec 5, 2007

None of the circuit court’s factual findings was clearly erroneous. … that the Respondent possessed a qualifying weapon on public school property!)]”

Jackson v. State

132 Md. App. 467 · Court of Special Appeals of Maryland · Jun 6, 2000

We accept the factual findings of the trial court, unless clearly erroneous, but make our own independent constitutional appraisal of legal conclusions. Ferris v. State, 355 Md. 356 , 735 A.2d 491 (1999). … Perline was not qualified to form an opinion on the subject, but that the question went beyond the subject matter of direct examination.

Maryland Overpak Corporation v. Mayor of Baltimore

395 Md. 16 · Court of Appeals of Maryland · Oct 16, 2006

Those cases apply plain meaning analysis to determine if the change, nonetheless, effected a clearly substantive change. Md. Div. of Labor and Indus. v. … Second, if the governmental act in question involves a quasi-judicial process, the inquiry moves to the question of whether it qualifies as a “zoning action.”

Smith v. Merritt Savings & Loan, Inc.

266 Md. 526 · Court of Appeals of Maryland · Oct 16, 1972

There are at least two reasons why the chancellor was not clearly in error in holding that, on the facts of the present case, Mr. … The chancellor was not clearly in error in holding Mr. Smith entirely at fault in this regard. (2) Secondly, Mr.

Estate of DaMon R. Fisher v. City of Annapolis

District Court, D. Maryland · May 11, 2023

Sovereign Immunity The court must first address HUD’s argument that sovereign immunity precludes the City’s suit. … Even if sovereign immunity precludes the court from considering the City’s statutory claims (Counts I and II), the City’s constitutional claim is clearly reviewable under the Larson-Dugan doctrine (Count III).

Warfield-Dorsey Co. v. THE TRAVELERS CASUALTY & SURETY CO.

66 F. Supp. 2d 681 · District Court, D. Maryland · Oct 4, 1999

Particularly in a case where all of the claims in the underlying action have been settled but only some of them qualify for coverage, many more factors must be considered by a court in determining whether the insurer has … As discussed herein, this contention ignores applicable authority and is clearly wrong. 3 .

Davenport v. Sallie Mae, Inc.

124 F. Supp. 3d 574 · District Court, D. Maryland · Jun 5, 2015

. *579 On April 16, 2010, Navient says it realized that Davenport did not qualify for a deferment and therefore removed it from his account. … A failure to establish damages would still warrant summary judgment in favor of a defendant. See Tinsley v.

Laurel Racing Ass'n v. Video Lottery Facility Location Commission

409 Md. 445 · Court of Appeals of Maryland · Jul 20, 2009

The Circuit Court rendered a written opinion which qualified as a declaratory judgment. … Section 9-lA-36(o) of the State Government Article is clearly a “special form of remedy for a specific type of case” within the meaning of the Declaratory Judgments Act.

Guardino v. State

50 Md. App. 695 · Court of Special Appeals of Maryland · Feb 5, 1982

Frequently, however, there was a caution added by the court to the effect that being judges of the law did not confer upon the jury "untrammeled discretion to enact new law or to repeal or ignore clearly existing law as whim … Under the test applicable to striking for cause, she was qualified to serve, and, in any event, she was not a member of the jury which tried Guardino.

Haung v. Acterna Corp.

220 F.R.D. 255 · District Court, D. Maryland · Mar 18, 2004

Although it does not clearly define this phrase, the publication requirement expresses Congress’ intent that publication be “reasonably calculated to reach, at the least, sophisticated and institutional investors.” … The Movants have submitted supporting material that appears to demonstrate that counsel is “qualified, experienced, and generally able to conduct the proposed litigation,” and without interests antagonistic to those of the

Doser v. Doser

106 Md. App. 329 · Court of Special Appeals of Maryland · Sep 7, 1995

There is no dispute that these two assets qualify as marital property. Although Mr. … We said: As a general rule, a master’s findings of fact are given deference under the clearly erroneous rule.

Prince George's Doctors' Hospital, Inc. v. Health Services Cost Review Commission

302 Md. 193 · Court of Appeals of Maryland · Jan 16, 1985

However, there is a clearly stated administrative remedy for this purpose, that is, to request a permanent rate change under § 19-219(a). … These rates are clearly far in excess of reasonable rates justified by the evidence and have been in effect since September 1, 1982 by operation of law. “...

Howell v. State Farm Ins. Companies

540 F. Supp. 2d 621 · District Court, D. Maryland · Mar 26, 2008

This language clearly notifies insureds that nothing the adjuster does or fails to do relieves them of the obligation to file a proper proof of loss. … The plaintiffs have failed to explain, however, how a federal regulation can somehow qualify as a contract of adhesion.

Pleasant v. Pleasant

97 Md. App. 711 · Court of Special Appeals of Maryland · Oct 27, 1993

From the testimony of an economist who qualified as an expert in valuing pensions, the trial judge determined that the marital portion of appellant’s pension had a present value of $167,907, and that the marital portion of … Choice of Disposition On two occasions during the trial, the trial judge presented appellant with a choice of the method of payment to be established.