Case law

Limouze v. MM & P. MARITIME ADV., TRAIN. & ED. S. PRO.

397 F. Supp. 784 · District Court, D. Maryland · Jun 10, 1975

Maritime Advancement, Training, Education and Safety *786 Program [MATES Program] was established pursuant to an Agreement and Declaration of Trust, dated January 6, 1967 (paper 12, Exh. A). … Where a trustee in the administration of the trust makes a contract with a third person, the trustee is personally liable on the contract unless such liability is clearly excluded in the contract.

Broadway Services v. Comptroller

478 Md. 200 · Court of Appeals of Maryland · Apr 1, 2022

The Court of Special Appeals below noted that the Tax Court “should have examined the contracts to determine the nature of the relationship they established[,]” but ultimately concluded that the HSAs appear to establish … In Green, to ascertain the level of control necessary to establish a principal-agent relationship, we used the degree of control required to establish an employer-employee relationship as guidance. 355 Md. at 508.

Horton v. Horton

158 Md. 626 · Court of Appeals of Maryland · Mar 12, 1930

She qualified as administratrix, and proceeded to administer the estate. … But clearly there is no such analogy.

Estate of Brown v. Ward

Court of Special Appeals of Maryland · Apr 19, 2024

Through its appointed Substitute Trustees, may a stranger to a non- assigned Maryland judgment subsequently utilize a purported contractual right for a summary action which was not clearly preserved in the loan … These statutes “provide[] consumer protection to borrowers[,]” “establish[] parameters and requirements with which credit grantors must comply[,]” and “establish[] various remedies to a borrower if the credit grantor fails

Daniels v. Pesterfield

District Court, D. Maryland · Feb 7, 2025

supervisory liability by Warden Pesterfield; and (4) Defendants are entitled to qualified immunity. … Because Daniels has failed to allege or establish sufficient facts to support his Fourteenth Amendment claims, Defendants are entitled to summary judgment in their favor.

In Re Joshua W.

94 Md. App. 486 · Court of Special Appeals of Maryland · Jan 8, 1993

The trial court was not clearly erroneous in making this finding. Much of Mr. … [to] establish guidelines for child support award amounts within *499 the State.” 42 U.S.C.A. § 667 (a).

Volcjak v. Washington County Hospital Ass'n

124 Md. App. 481 · Court of Special Appeals of Maryland · Jan 5, 1999

“to establish principles of governance and accountability to assure the public of quality care by the Medical Staff.” … Clearly, they had not selected who would be the exclusive provider nor negotiated the contract for exclusive services.

Williamson v. Morton

2 Md. Ch. 94 · High Court of Chancery of Maryland · Mar 15, 1851

Williamson her sole executor, who duly qualified as such. Upon the bill of Charles A. … But although the account is in this respect clearly erroneous and prejudicial to the legatees : still it is most plausibly urged, that as Mrs.

Maryland Attorney General Opinion 110OAG110

Maryland Attorney General Reports · Dec 23, 2025

See id.; see also CS § 11-201(b)(1) (authorizing charter counties to appoint “a qualified individual as managing official of the local correctional facility” (emphasis added)). … Admittedly, the text of the statute no longer says this as clearly as it once did.

Jones v. State

Court of Special Appeals of Maryland · Jun 27, 2014

clearly identif[ies] the prior conduct of the witness that tends to show he is unworthy of belief,’” Thurman v. State, 211 Md. … But the overlap is not complete, because an overt act can qualify as an attempt and yet not rise to the level of an assault.” Id. at 129.

C.S. v. Prince George's County Department of Social Services

343 Md. 14 · Court of Appeals of Maryland · Jul 31, 1996

We further hold that the hearing under § 5-715 qualifies as a “contested case” hearing *24 under the APA, and that it was improper to provide C.S. with only the limited hearing specified by Chapter 318. … It is true that § 5-715 requires that the hearings be held “under procedures established by the Department and this section.”

Bhutta

District Court, D. Maryland · Dec 18, 2025

Md. 2015) (listing relevant factors to establish a similarly situated comparator). More broadly, Dr. … The NPDB seeks dismissal of this claim on the grounds that (1) it is barred by sovereign immunity; (2) it is time-barred; and (3) it fails to state a plausible claim for relief. As to sovereign immunity, Dr.

Baltimore Sun Co. v. Astri Investment Management & Securities Corp. (In Re Astri Investment, Management & Securities Corp.)

88 B.R. 730 · District Court, D. Maryland · Jul 13, 1988

The Bankruptcy Act of 1898, 15 however, established the foundations of modern bankruptcy law. … The provisions already mentioned seem to clearly indicate that a contrary construction is the proper one. Id. at 859-60.

Equitable Trust Co. v. State of Maryland Commission on Human Relations

42 Md. App. 53 · Court of Special Appeals of Maryland · Apr 10, 1979

“The legislative history of exemption 7 clearly supports such an interpretation. … Having determined that the requested information comes within the investigatory files exception, we must now determine whether this *77 information should be accorded immunity from disclosure.

Attorney Grievance Commission v. Johnson

450 Md. 621 · Court of Appeals of Maryland · Dec 14, 2016

This Court determines whether clear and convincing evidence establishes that a lawyer violated an MLRPC. See Md. … Third, the motion to vacate did not establish that it was equitable to excuse Johnson’s failure to file an answer.

Attorney Grievance Commission v. Thompson

376 Md. 500 · Court of Appeals of Maryland · Aug 13, 2003

The Court set out the factual basis for that finding, as follows: “Elmyra Hahn died in 1978 and Brown qualified as the personal representative of her estate. Shortly after that Mr. Hahn’s health deteriorated. … “Walter Hahn died in 1980 and Brown qualified as personal representative of his estate. He received from Owen assets of Mrs.

Fair v. State

198 Md. App. 1 · Court of Special Appeals of Maryland · Mar 30, 2011

In its analysis, the Holland Court explored the definition of “assertion,” id. at 543-44 , 713 A.2d 364 : To qualify as hearsay, the words recounted in court must, for starters, constitute an assertion or statement of a fact … For an out-of-court utterance to qualify as an assertion, it generally must be in the indicative or declarative mood, rather than in the interrogative mood, the imperative mood, or the subjunctive mood.

Collins v. Warden

District Court, D. Maryland · Aug 19, 2019

® Counsel’s lead argument invoking qualified immunity is presented without any factual analysis and merits no examination. See ECF No. 7, pp. 8-9. … Moreover, the undisputed evidence establishes that Collins was not harmed as a result of any alleged misconduct.

Northfield Insurance v. Boxley

215 F. Supp. 2d 656 · District Court, D. Maryland · Aug 15, 2002

I note that Boxley misstates the requisite intent to establish a battery. … As discussed in text, it clearly was.

Parker v. Moubarek

District Court, D. Maryland · Jul 24, 2023

Alternatively, Defendants assert that Parker’s claims are barred by both the doctrine of qualified immunity and statutory immunity, and that Parker has not established deliberate indifference to a serious medical need. … A mere disagreement between an inmate and a physician over the appropriate level of care does not establish an Eighth Amendment violation absent exceptional circumstances. Scinto, 841 F.3d at 225.