Case law

State v. Phillips

457 Md. 481 · Court of Appeals of Maryland · Feb 20, 2018

This clearly was a system in which it was expected that trials would be presided over by one judge. The 1864 Convention also did some restructuring of the Judiciary. … Keeping in mind that, at the time, each circuit (other than Baltimore City) had three judges, the 1868 law gave a party the option of (1) having the reserved point or question decided by the remaining two judges qualified

De Simone v. VSL Pharm., Inc.

352 F. Supp. 3d 471 · District Court, D. Maryland · Oct 9, 2018

. ¶ 313, ECF No. 153, the claim that the Know-How does not qualify as a trade secret is not supported by the record. … The record has not, however, been augmented with evidence clearly establishing the final element of a false advertising claim: that the VSL Parties have been or are likely to be injured as a result of this misrepresentation

Jih v. Long & Foster Real Estate, Inc.

800 F. Supp. 312 · District Court, D. Maryland · Aug 6, 1992

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … The governing law alleged to have been ignored by the arbitrators must be well defined, explicit, and clearly applicable. Id. at 933-34 (citations omitted).

Starr v. Minister & Trustees of the Starr Methodist Protestant Church

112 Md. 171 · Court of Appeals of Maryland · Jan 12, 1910

Here the intention of the testator, clearly expressed in his will and codicil, was that the plaintiff should he relieved of the rent in arrear at the time of his death, and that from and after his death the church should' … The reasons for this rule, which is definite and well established, would be interesting to discuss, but it would unnecssarily prolong this opinion to do more than state it, with some of the authorities by which it is fully

Parikh v. Frosh

District Court, D. Maryland · Jan 9, 2023

“The plaintiff bears the burden of establishing subject matter jurisdiction.” Duncan v. Kavanagh, 439 F. Supp. 3d 576, 581 (D. Md. 2020). … Because Eleventh Amendment immunity “is an immunity from suit rather than a mere defense to liability,” it must be addressed in advance of reaching the merits of the claims. Constantine v.

Maryland Ex Rel. Sachs v. Mid-Atlantic Toyota Distributors, Inc.

525 F. Supp. 1265 · District Court, D. Maryland · Oct 14, 1981

The Governmental Plaintiffs’ complaints clearly identify the defendants. … It has long been established that once the fact of injury in an antitrust case has been proved, the amount of damages may be established by a “just and reasonable estimate . . . based on relevant data.” Bigelow v.

Whitehead v. Safway Steel Products, Inc.

304 Md. 67 · Court of Appeals of Maryland · Sep 17, 1985

establishes an employer/employee relationship. … Contract Beverage Packers, Inc., 398 N.E.2d 709 (Ind.App.1980) (employer of Manpower temporary worker immune from negligence suit because of employer-employee relationship and workmen’s compensation laws); Danek v.

State v. Conn

286 Md. 406 · Court of Appeals of Maryland · Dec 7, 1979

The presumption that a person is sane and has remained sane lasts until the contrary is established. … It is true that a medical question is presented under Art. 59, § 25 (a) as to the sanity of the accused but for the reasons so clearly set forth by Professor Weihofen and as was so cogently observed in Carter, 252 F.2d at

Farrell Lines, Inc. v. Devlin

211 Md. 404 · Court of Appeals of Maryland · Dec 11, 1956

For two years he had been on a list of qualified relief deck officers maintained by the union and had regularly worked as night relief mate in Baltimore harbor. … Clearly, there was no basis whatever for such an instruction and it was properly refused.

Williams v. Smith & Nephew Inc.

District Court, D. Maryland · Mar 1, 2021

regulatory matters; and that Shapiro, an orthopedic surgeon, is not qualified to testify about regulatory matters. A person qualified as an expert in one field may not necessarily be qualified in another. … And in In re Biomet, Truman offered the opinion that Biomet’s metal-on-metal devices can cause “elevated metal ions with immune response complications” and “tissue necrosis.” 2017 WL 10845178 at *14.

Dalmo Sales of Wheaton, Inc. v. Steinberg

43 Md. App. 659 · Court of Special Appeals of Maryland · Oct 18, 1979

If exclusion of the dictabelt was error at all, it was clearly harmless. IV. … As the Court pointed out in Sherwood and Austin , however, despite the analogy, the liability under § 359 rests clearly upon the theory of negligence — not that of nuisance.

Herron v. Mayor and City Council of Annapolis, Md.

388 F. Supp. 2d 565 · District Court, D. Maryland · Sep 21, 2005

“If the ultimate use of the revenue benefits the general public then the charge will qualify as a ‘tax’ .... ” Id. … As noted above, Herron has not established that she directly or indirectly paid the impact fee.

Behrel v. State

151 Md. App. 64 · Court of Special Appeals of Maryland · May 7, 2003

Clearly the delay must be explained by the witnesses. … Clearly, Miller’s testimony buttressed Curtis’s account of abuse.

Rourke v. Amchem Products, Inc.

153 Md. App. 91 · Court of Special Appeals of Maryland · Nov 4, 2003

Thus, the order would clearly seem to be final and appealable!.]” Id. at 402 , 620 A.2d 305 . … “[A]ny disputes” clearly includes a dispute over whether joint and several liability applies.

Matthews v. State

89 Md. App. 488 · Court of Special Appeals of Maryland · Dec 3, 1991

In Maryland, in order to qualify as privileged under § 9-105, the communication must be confidential; that is, it must be made in reliance on the marital relationship. Coleman, 281 Md. at 542 , 380 A.2d 49 . … What both sides have clearly overlooked here is the most basic component of the privilege: a communication of any kind, however basic or rudimentary. Ms.

Long Green Valley Ass'n v. Bellevale Farms, Inc.

432 Md. 292 · Court of Appeals of Maryland · Jun 24, 2013

Section 2-513, in particular, establishes the permissible uses for land for which the MALPF purchases an easement. … According to an MALPF memorandum regarding the Prigels’ proposal to establish the farm store, "Mr.

Attorney Grievance Commission v. Phillips

451 Md. 653 · Court of Appeals of Maryland · Feb 22, 2017

In preparation for my retirement from Federal service at the end of this year, I am in the process of establishing a law firm. … We accept the hearing judge’s findings of fact unless we determine that those findings are clearly erroneous. Id.

Matter of Anderson

272 Md. 85 · Court of Appeals of Maryland · Sep 1, 1974

Accordingly, it recommended “an enabling amendment to empower the Legislature to establish a Juvenile Court in Baltimore City.” … And, the master’s findings of fact from the evidence are prima facie correct and they will not be disturbed unless determined to be clearly erroneous. Bris Realty v.

Wood v. Arnold

321 F. Supp. 3d 565 · District Court, D. Maryland · Mar 26, 2018

Wood's First Amendment Establishment Clause Claim Plaintiffs' claim that Defendants violated the Establishment Clause focuses primarily on a statement made by a teacher during Ms. … The Establishment Clause provides that "Congress shall make no law respecting an establishment of religion." U.S. Const. amend. I.

Garrity v. Maryland State Board of Plumbing

447 Md. 359 · Court of Appeals of Maryland · Apr 26, 2016

Petitioner concedes that the first, third, and fourth prongs are established, as indeed he must. … It contains both civil and criminal punishments that are clearly delineated, and the monetary penalty is reasonable on its face.