Case law

Lewis v. Roland E. Trego & Sons, Inc.

359 F. Supp. 1130 · District Court, D. Maryland · Jun 20, 1973

Plaintiff has therefore satisfied the second and third requirements for establishing that he is a seaman under the Jones Act. … Quite clearly in Summerlin, Hill and Spratley , the plaintiff had a permanent connection with the floating structure in question.

Miles v. Baltimore County Department of Corrections

District Court, D. Maryland · Mar 29, 2024

Defendants argue that (1) Miles did not exhaust administrative remedies; (2) BCDC is not an entity amenable to suit; (3) Miles has pleaded insufficient facts to support his claims; and (4) Defendants are entitled to qualified … immunity.

Temoney v. State

290 Md. 251 · Court of Appeals of Maryland · May 5, 1981

The question of the sufficiency of the evidence to establish a prima facie case is, of course, a question of law appropriate for resolution at the appellate level. … Consequently, the issue whether Burks applies to a § 643B proceeding is clearly not presented for decision.

Stevens v. Charles County, Maryland

District Court, D. Maryland · Jun 30, 2022

Defendants also argue that Belton is entitled to qualified immunity from the claims against him, and that Stevens is not entitled to the damages that he seeks. I. … The statute requires a plaintiff to establish a claim through one of two methods.

Ryan v. Brady

34 Md. App. 41 · Court of Special Appeals of Maryland · Dec 2, 1976

According to Berry, the two stakes were clearly visible from the Ryan home. … The record plat clearly showed that this was erroneous. Mr.

Stevenson v. Edgefield Holdings

244 Md. App. 604 · Court of Special Appeals of Maryland · Feb 28, 2020

The rule permits us to set aside a trial court’s factual determinations if they are clearly erroneous. … First, we note that the word “judgment” is defined in Maryland Rule 1-202(o), which states that “an order of court” does not qualify as a “judgment” unless it is “entered pursuant to these rules.”

Ellis v. Mayor and City Council of Baltimore

234 F. Supp. 945 · District Court, D. Maryland · Oct 20, 1964

Nevertheless, Wesberry clearly established that the fundamental principle of representative government in this country is one of equal representation for equal numbers of people, without regard to race, sex, economic status … A citizen, a qualified voter, is no more nor no less so because he lives in the city or on the farm. This is the clear and strong command of our Constitution’s Equal Protection Clause.

Mears v. Town of Oxford

52 Md. App. 407 · Court of Special Appeals of Maryland · Sep 7, 1982

The language of Ordinance 165 clearly indicates that its purpose is to protect a natural resource, and it is unnecessary to look beyond the wording of an ordinance "when the wording itself clearly establishes legislative … Furthermore the state’s comprehensive program has qualified it for participation in the Natural Pollution Discharge Elimination System, 33 U.S.C. § 1342 (b), pursuant to which the United States Environmental Protection Agency

Snider v. State of Maryland

District Court, D. Maryland · Sep 27, 2023

A federal court may not grant a writ of habeas corpus unless the state court’s adjudication on the merits (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established … A state court adjudication is contrary to clearly established federal law under § 2254(d) when the state court (1) “arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law”; or (2) “

Parish v. Maryland & Virginia Milk Producers Ass'n

250 Md. 24 · Court of Appeals of Maryland · Jun 26, 1968

The “back-up papers” clearly established that all sales from the Association were made directly ff> Weldon from the Laurel Plant without going through any facilities of Mutual. … This is clearly the case when the report involved is intended to form the basis of possible future action by the client, as was the situation in the present case.

Baltimore Belt Railroad v. Sattler

100 Md. 306 · Court of Appeals of Maryland · Jan 12, 1905

, but also to use them in such a way as is alleged and admitted i. e. to the serious injury of the plaintiff and his great discomfort and at the same time deprive him *329 of all remedy, such legislation would we think, clearly … How better could the plaintiff establish his case?

Mobley v. Mallow

District Court, D. Maryland · Sep 25, 2020

In the court’s November 21, 2019, memorandum, it found that the defendants were not entitled to qualified immunity based on Mobley’s allegations of excessive use of force and the record before the court. … Another court in this district has stated that prior cases “clearly establish that the Eighth Amendment may be violated if, following exposure to pepper spray, a prison inmate is not provided with the opportunity to shower

American Finance System Inc. v. Harlow

65 F.R.D. 94 · District Court, D. Maryland · Oct 17, 1974

Carlisle and Jacquelin, 391 F.2d 555 (2d Cir. 1968), Judge Medina discussed the standard of advocacy required by Rule 23(a)(4): An essential concomitant of adequate representation is that the party’s attorney be qualified … Under these tests, it is clear that Harlow’s counsel qualifies as a forceful, experienced and diligent advocate and that the danger of collusion is virtually nonexistent.

Attorney Grievance Commission v. Pak

400 Md. 567 · Court of Appeals of Maryland · Aug 2, 2007

The Panel is a group, established by Maryland Rule 16-742, that serves’ to consider a Statement of Charges against an attorney. … The Peer Review Panel is established by Maryland Rule 16-742, and the process by which the Panel deliberates is outlined in Maryland Rule 16-743.

Shives v. Furst

70 Md. App. 328 · Court of Special Appeals of Maryland · Feb 13, 1987

Once the court has decided that the deposition meets these procedural requirements, the court then must address the ancillary evidentiary issues such as whether the contents of the box qualifies as admissible evidence. … Moreover, this precise fact was established by Dr. Furst’s own testimony during direct examination: Did you ask Mrs.

Love v. Wayfair LLC

District Court, D. Maryland · Jul 8, 2025

Q: When—when you didn’t have a headache, when the headache cleared up, were you able to think clearly? … qualified individual with a disability who is an . . . employee.” 42 U.S.C. § 12112(b)(5)(A).

Clark v. United States

33 F. Supp. 216 · District Court, D. Maryland · May 6, 1940

On January 19, 1938, the plaintiff in this case, Gaylord Lee Clark, qualified as the American executor of the decedent’s estate. … But this now well established doctrine is not properly applicable to the instant situation.

Murphy v. State

105 Md. App. 303 · Court of Special Appeals of Maryland · Jun 7, 1995

The transcribed statement was admitted into evidence in its entirety and Detective Horne was permitted to testify that he was qualified to administer polygraph tests, that he advised appellant of his rights prior to the test … The State clearly went beyond what was necessary in order to establish that the confession given by appellant after the test was voluntary.

Detroit Automotive Purchasing Services, Inc. v. Lee

463 F. Supp. 954 · District Court, D. Maryland · Dec 27, 1978

Thus, one who acts as a “broker” for a car purchase and thereby “induces or attempts to induce” a car sale in return for a fee qualifies as a new vehicle broker under this statutory scheme and is required to obtain a license … The record established at trial fails to sustain plaintiffs’ argument. The only evidence offered by plaintiffs to establish the discriminatory effect of the provisions is the testimony of Dr. Robert M.

Vogel v. Independence Federal Savings Bank

728 F. Supp. 1210 · District Court, D. Maryland · Jan 3, 1990

The applicable standards for analyzing a motion for summary judgment under Rule 56 are well-established. … Because of the operation of the incontestability clause, whether Leonard Vogel properly qualified for coverage under the Guardian policy when the policy was instituted in 1981 is completely irrelevant at this point.