Case law

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.

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.

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.

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.

Zitterbart v. American Suzuki Motor Corp.

182 Md. App. 495 · Court of Special Appeals of Maryland · Oct 7, 2008

Any such evidence would have to be established by expert testimony. See Laing v. … Clearly, they are not. We shall address the various arguments put forth by the Zitterbarts in the context of the statutory subsections to which they apply, in reverse order.

Packham v. German Fire Ins., Co.

50 L.R.A. 828 · Court of Appeals of Maryland · Jun 16, 1900

Whether these facts did so operate, must depend upon the applicability and effect of certain legal rules and principles which are well established. … he excluded from that judgment so much of that cause of action as relates to this policy he as effectually released so much of his right of action as if he had executed and delivered a release under seal therefor, and as clearly

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.

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.

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.

Yates v. State

429 Md. 112 · Court of Appeals of Maryland · Oct 23, 2012

In the words of Grandison , this testimony establishes the “essential contents” of the hearsay from Jagd that Detective Hinton repeated to the jury. 341 Md. at 219 , 670 A.2d 398 . … State, 367 Md. 293, 305 , 786 A.2d 751 (2001) (stating that, to “qualify as a basis for second degree felony murder,” the “victim’s death, of course, must be ‘caused during the commission of, or attempt to commit,’ the underlying

Gerting v. Wells

103 Md. 624 · Court of Appeals of Maryland · Aug 13, 1906

The form of his statement expresses clearly the meaning I have attributed to his reply to Frederick, viz.: “That he had owned some bonds, but that these all now belonged to William.” … Its further inference is that William, after qualifying as executor, got possession of this certificate,.and then illegally and fraudulently converted the bonds to his own use; thus by inference in the face of Charles declaration

National Wildlife Federation v. Foster

83 Md. App. 484 · Court of Special Appeals of Maryland · Jun 28, 1990

Morgan Little, whose name appeared on a list of qualified real estate appraisers maintained by the Register of Wills for the District of Columbia. … Justice would be served poorly if the Personal Representative has breached no fiduciary duty yet is unable to establish that in the D.C. court because he cannot pay these fees.

WSC/2005 LLC v. Trio Ventures Assocs.

460 Md. 244 · Court of Appeals of Maryland · Jul 30, 2018

If a common-law right is to be taken away, it must be noted clearly by the legislature.”). … This common-law vacatur ground is well established in Maryland and was not abrogated by the MUAA.

Goldsmith v. Martin Marietta Corporation

211 F. Supp. 91 · District Court, D. Maryland · Nov 9, 1962

Those in charge of the aircraft were qualified men who, it is only sensible to infer, were fully aware of all of the hazards presented by the operation of their equipment. … We are assuming this to be- established. 4 .

Harrison v. State

151 Md. App. 648 · Court of Special Appeals of Maryland · Jun 30, 2003

We accept the facts as found by the trial judge unless they are clearly erroneous. Riddick v. State, 319 Md. 180, 183 , 571 A.2d 1239 (1990). … ]degree murder of James Cook based on concurrent intent, would vitiate the well-established principle that the transferred intent doctrine does not apply to attempted murder. See e.g. Poe v.

Almy v. Sebelius

749 F. Supp. 2d 315 · District Court, D. Maryland · Oct 29, 2010

A party receiving a “redetermination” may seek further review by applying for a “reconsideration” by a qualified independent contractor (“QIC”). 42 C.F.R. § 405.960 ; 42 U.S.C. §§ 1395ff(b)(l)(A) and (C). … The moving party “must clearly establish the grounds therefore to the satisfaction of the district court,” and those grounds “must be clearly substantiated by adequate proof.”

Attorney Grievance Commission v. Gray

433 Md. 516 · Court of Appeals of Maryland · Aug 15, 2013

A Judgment of Absolute Divorce was entered on July 27, 2009, with the Court retaining jurisdiction for the purposes of establishing a Qualified Domestic Relations Order (‘QDRO’). … This conduct is clearly violative of MRPC 3.3(a)(1), 3.3(a)(4), and 8.4(c).

Attorney Grievance Commission v. Ruddy

411 Md. 30 · Court of Appeals of Maryland · Oct 6, 2009

Bar Counsel provided no evidence to establish that the home could have been restored to marketable condition before the real estate market began to decline. … Ruddy’s use of the affidavits does not establish that Ruddy knowingly misrepresented facts to the court.

Department of Natural Resources v. Adams

37 Md. App. 165 · Court of Special Appeals of Maryland · Sep 8, 1977

To allow the Secretary, in his discretion, to place a blind in another body of water clearly infringes upon the riparian owners of that body of water. … It appears also that the claimed qualifying shoreline is now owned by Henry Thomas, who leases the hunting rights to Merryweather. 2 .