Case law

Aida Dayton Technologies Corp. v. I.T.O. Corp. of Baltimore

137 F. Supp. 2d 637 · District Court, D. Maryland · Apr 6, 2001

The party moving for summary judgment has the burden of establishing that there is no genuine issue of material fact. Barwick, 736 F.2d at 958 . … According to Trism, Rohr-bach’s response of September 17, 1997 qualified as a denial of AIDA’s claim thereby triggering the tariff provision that suit be filed within two years and one day.

HSK v. Provident Life & Accident Insurance

128 F. Supp. 3d 874 · District Court, D. Maryland · Aug 31, 2015

And Price commented on the vagueness of Feinberg’s notes, alongside other alleged failings, which led Price to conclude that those records did not “establish! … "Only if the available state law is clearly insufficient should the court certify the issue to the state court.” Roe v. Doe, 28 F.3d 404, 407 (4th Cir.1994).

Kasmir v. Retail Services & Systems

Court of Special Appeals of Maryland · Jan 30, 2025

She further argued that her only burden was to “demonstrate that the retaliators were aware of her protected activity,” which she had “clearly established” by demonstrating that “the primary decision makers in each decision … “Not every complaint about discrimination or unfairness, however, qualifies as protected activity.” Id. at 507. Rather, the alleged discrimination must be “connected to a protected class.” Id. Accord Tomanovich v.

(2010)

95 Op. Att'y Gen. 138 · Maryland Attorney General Reports · Aug 17, 2010

The Board feels that physical therapists, especially those with manual therapy skills, are qualified to perform dry needling." Letter of Charles M. … In answering such a question we first look to whether the General Assembly has clearly resolved the issue.

United States v. 392 Copies of a Magazine Entitled "Exclusive"

253 F. Supp. 485 · District Court, D. Maryland · Apr 4, 1966

opinions re *495 ferred to defendant’s rights “to enlighten the judgment of the tribunal, be it the jury or as in this case the judge, regarding the prevailing literary and moral community standards and to do so through qualified … As noted above however, in the discussion of patent offensiveness, the text, although innocuous and evidently intended to support this contention, is so clearly secondary to the pictures that it may be disregarded.

Walker v. State

190 Md. App. 577 · Court of Special Appeals of Maryland · Feb 25, 2010

FACTS Viewing the evidence in the light most favorable to the State, it was established that on March 17, 2008, the appellant repeatedly hit Tahlene Shipley and bit her on the cheek when the two became involved in a disagreement … We held that “[t]he record clearly demonstrates that Davis did not waive her right to counsel.” Id. at 381, 641 A.2d 941 .

Polk v. State

378 Md. 1 · Court of Appeals of Maryland · Nov 12, 2003

Id. at 478 , 451 A.2d at 122 . [4] Diehl subsequently was qualified by our holding in Eanes v. … Diehl's words, we concluded, although specifically directed at the police officer, did not qualify as "fighting words" because they were spoken, not as a "personally abusive epithet hurled to invoke immediate and violent

Premium of America, LLC v. Sanchez

213 Md. App. 91 · Court of Special Appeals of Maryland · Aug 29, 2013

of law, established an “intimate nexus.” … It must clearly appear that the parties intend to recognize him as the primary party in interest and as privy to the promise.” (quoting Mackubin v.

Jones v. State

44 Md. App. 417 · Court of Special Appeals of Maryland · Dec 17, 1979

Jones established ownership to six (6) of the rings, and they were returned to her. The trooper said that "[t]he others were stolen." … In his opinion for the Court of Appeals, Judge Orth made it very clear that only intentional conduct can qualify as overreaching. Thus far, everyone seems to be in agreement.

Jones v. House of Reformation

176 Md. 43 · Court of Appeals of Maryland · Jan 12, 1939

for; that in case the applicant was not, in his judgment, fitted for the position applied for, the Commissioner would designate the classification to which the applicant would be relegated; that if the applicant failed to qualify … Considering these questions in the order of their sequence, it may be observed that the purpose of the writ of mandamus is not to establish a legal right, but to enforce one which has already been established; and it therefore

Humphrey v. National Flood Insurance Program

885 F. Supp. 133 · District Court, D. Maryland · Apr 28, 1995

For the reasons set forth more clearly below, the Court will grant Defendants’ motion for summary judgment. … Here, Plaintiff does not establish any affirmative misconduct on Defendants’ part. Defendants provided Plaintiff with a copy of the SFIP when she purchased the flood insurance.

Lubore v. RPM Associates, Inc.

109 Md. App. 312 · Court of Special Appeals of Maryland · Apr 4, 1996

One who conceals facts that materially qualify affirmative representations may be liable for fraud. Finch, 57 Md.App. at 239 , 469 A.2d 867 . … In addition to the duty element, appellant clearly satisfied the other elements of the tort.

Baltimore Radio Show, Inc. v. State Baltimore Broadcasting Corp.

193 Md. 300 · Court of Appeals of Maryland · Jun 9, 1949

Judges are not so “angelic” as to render them immune to human influences calculated to affect the rest of mankind. … However, such evidence may have logical relevancy, particularly where it tends to establish a behavior pattern.

Crawley v. General Motors Corp.

70 Md. App. 100 · Court of Special Appeals of Maryland · Jan 20, 1987

It views section 25A as merely establishing highly technical criteria for measuring occupational deafness. … Because the language of section 25A does not clearly reveal the legislative intent concerning disablement, we must examine the legislative history of that section. Bledsoe v. Bledsoe, supra .

COUNTY EXEC., PRINCE GEO'S CTY. v. Doe

300 Md. 445 · Court of Appeals of Maryland · Aug 20, 1984

The Supreme Court, in its opinion in Poelker and its reversal of the Eighth Circuit, clearly rejected this alternate ground for the Eighth Circuit’s decision. … The two hospitals owned and operated by Prince George’s County are clearly government-funded institutions.

Lamb v. State

141 Md. App. 610 · Court of Special Appeals of Maryland · Dec 5, 2001

The line of cases emanating from the United States Supreme Court that discusses immunity of police officers and other public officials and the exclusionary rule in the context of what constitutes good faith are instructive … Because the *632 issue here involves liberty as opposed to protecting public officials from personal liability, the standard should be higher than that set in the civil qualified immunity cases. Moreover, in Malley v.

Dakrish, LLC v. Raich

209 Md. App. 119 · Court of Special Appeals of Maryland · Nov 30, 2012

Raich had been qualified before, that there was not “any question” that Mr. … I think ... if you can find a location—not in this immediate area—clearly, I think there is no question that you’re qualified to have a license.

Fabula v. Solomon

463 F. Supp. 830 · District Court, D. Maryland · Nov 15, 1978

. §§ 1396 -1396k establishes the federal medical assistance, or Medicaid, program. … Such a conflict, concerning income requirements, was clearly apparent in the New York regulations at issue in Greklek v. Toia, supra.

Sallie v. Tax Sale Investors, Inc.

149 Md. App. 141 · Court of Special Appeals of Maryland · Dec 30, 2002

[but] rather, an exclusion from coverage,” and coverage could not be established by waiver or estoppel. Id. at 743 , 451 A.2d 952 . In addition, in Washington Metropolitan Area Transit Authority v. … did not qualify as use of the premises, or as necessary or incidental to the declared uses.

Maryland Attorney General Opinion 95 OAG 138

Maryland Attorney General Reports · Aug 17, 2010

The Board feels that physical therapists, especially those with manual therapy skills, are qualified to perform dry needling.” Letter of Charles M. … In answering such a question we first look to whether the General Assembly has clearly resolved the issue.