Case law

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

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

Cox v. Getachew

District Court, D. Maryland · Feb 26, 2021

Congress did not abrogate the states’ sovereign immunity when it enacted 42 U.S.C. § 1983, Will, 491 U.S. at 66, nor has the State of Maryland waived its sovereign immunity in the instant federal case. … The Wexford Defendants To adequately establish a violation of the ADA, Cox must prove: “(1) that he has a disability; (2) that he is otherwise qualified for the . . . benefit in question

Colvin v. State

299 Md. 88 · Court of Appeals of Maryland · Mar 16, 1984

When attempting to prove a constitutional violation one must be able to establish that the procedures employed in the selection system resulted in continued unrepresentation of a cognizable group or class of qualified citizens … These facts clearly establish the finding of an aggravating circumstance under § 413(d)(10).

Caldwell v. Sutton

Court of Special Appeals of Maryland · Nov 30, 2022

The second factor, i.e., that Grandmother and Child lived together in the same household, is not disputed and is clearly established by the evidence. … The Conover test establishes “a high bar for establishing de facto parent status.” 450 Md. at 74.

Johns Hopkins University v. Ritter

114 Md. App. 77 · Court of Special Appeals of Maryland · Mar 17, 1997

The Hopkins Medical School has a tenure system established by contract. … tenure would or could be effectively waived, it was clearly not reasonable, as a matter of law, for Drs.

Bond v. Polycycle, Inc.

127 Md. App. 365 · Court of Special Appeals of Maryland · Jul 7, 1999

In reviewing the trial court’s decision on the evidence, this Court will not reverse unless the decision was clearly erroneous. See Md. Rule 8-131(c). … We held that the insured was entitled to appellate litigation fees and explained that “[n]one of the case law establishing the entitlement of an insured to the attorneys’ fees incurred in establishing coverage suggests any

Wallace v. Mercantile County Bank

514 F. Supp. 2d 776 · District Court, D. Maryland · Aug 31, 2007

(internal citations omitted). 29 The defendants’ alleged conduct clearly satisfies the requirements for absolute judicial privilege to attach, and the plaintiffs have failed to make any nonfrivolous argument that it should … Mizner, 692 A.2d 169 (Pa.Super.1997), dealt with re-publication of materials initially filed in the course of litigation outside of the context of litigation, which is only afforded a qualified privilege, id. at 175 . 30

Fagbuyi v. Prince George's County

District Court, D. Maryland · Mar 4, 2020

Because with immunizations you have to be really focused on what you’re doing.” Id. at 31–32. … he was qualified for the job and met [the employer’s] legitimate expectations; and (4) [her] position remained open or was filled by a similarly qualified individual who was substantially younger.”

Bullard v. Dalkon Shield Trust

845 F. Supp. 328 · District Court, D. Maryland · Feb 16, 1994

Subsequent North Carolina decisions, unfortunately, do not clearly resolve how the Supreme Court of North Carolina *333 views Wilder . In Leonard v. … (Indeed, in some individuals so exposed to bacteria, the body's immune system will prevail and pelvic inflammatory disease will not develop.) Plaintiff's Response (Paper 42), Exhibit 4, p. 2, at VH4-5. .

Schlossberg v. B.F. Saul Insurance Agency of Md., Inc.

148 F. Supp. 3d 462 · District Court, D. Maryland · Dec 8, 2015

Briggs’ statement that DTM "wasn’t monitoring” clearly is not offered for the truth of the matter asserted because the' statement is, in fact, untrue — DTM guards were monitoring *468 alarms at Fort Washington. … But in order to qualify for Chapter II bankruptcy, the debtor must be able to discharge certain responsibilities, in-eluding payment of administrative fees.

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.

Henson v. State

212 Md. App. 314 · Court of Special Appeals of Maryland · May 31, 2013

Was the court’s instruction to the jury on aiders and abettors clearly erroneous? IV. … sexually explicit material”] was clearly related to and grew out of the offense of disseminating obscenity, we rule that it is not unconstitutional.”); State v.

Maus v. State

311 Md. 85 · Court of Appeals of Maryland · Nov 4, 1987

Then he noted that the Public Defender had said Wilkes did not qualify for that office’s services. … For provisions pertaining to the establishment and functions of the Maryland Judicial Conference, see Md.Rule 1226. 4 .

In Re American Honda Motor Co., Inc. Dealerships Relations Litigation

958 F. Supp. 1045 · District Court, D. Maryland · Mar 11, 1997

The first difference clearly is immaterial. … Clearly, a defendant cannot immunize herself from wrongful conduct beneficial to her personally and insulate herself from liability that she would otherwise incur simply by also designating her personal agent as an officer

Johnson v. Johnson

152 Md. App. 609 · Court of Special Appeals of Maryland · Oct 3, 2003

Kelly] would even qualify for a, bonus in the foreseeable future given the business-expense calculation that would be required. We therefore reverse and remand for entry of an order consistent with this opinion. Id. … Since overtime pay constitutes “compensation due to an employee for employment,” it is clearly “wages” under § 12-201(c)(3) of the Family Law Article.

Johnson 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).

Oglesby v. Baltimore School Associates

484 Md. 296 · Court of Appeals of Maryland · Jul 26, 2023

Oglesby and found that she had numerous limitations and qualified as a “Cognitively Disabled” person. Ms. … Clearly, issues concerning the frequency of Ms. Oglesby’s visits to the Lafyette property on weekends and whether the Lafayette property and other properties that Ms.

Brethren Mutual Insurance v. Buckley

437 Md. 332 · Court of Appeals of Maryland · Mar 4, 2014

Responding, Buckley contended that the Release only applied to Betts and his insurer, and that her execution of it was clearly in accordance with § 19-511. … The world of insurance is not immune from this doctrine. In Federal Insurance Company v.

Comptroller v. FC-GEN Operations Inv.

Court of Appeals of Maryland · Dec 19, 2022

The provisions pertaining to the newly established Tax Court were set forth in amendments to Article 81 of the Maryland Code (1957). … Jones had Maryland income from sources other than FC-GEN and, therefore, were not qualified to be included in the Composite Return.