Case law

State v. Moon

291 Md. 463 · Court of Appeals of Maryland · Nov 10, 1981

Caplan which clearly spelled out the effects of a blood alcohol concentration such as Moon had. … With this qualifying proviso, the Committee would view favorably legislation introduced to provide chemical tests."

Stansbury v. Jones

372 Md. 172 · Court of Appeals of Maryland · Dec 13, 2002

Standard of Judicial Review Almost a half-century ago, in a case involving a denial of a use permit, we stated: “It is a clearly established rule in the law of zoning that a court may not substitute its judgment for that … In order to qualify for a Euclidean zoning reclassification, an applicant, generally, must first establish that the current classification was a mistake when it occurred, or that there has been sufficient change in the neighborhood

Modern Social Education, Inc. v. Preller

353 F. Supp. 173 · District Court, D. Maryland · Jan 12, 1973

Preller, 352 F.Supp. 530 (D.Md.1972), the manager and operator of an establishment known as the Gayety Book Store, located at 407 E. … A State’s Attorney and a State Attorney General are immune from liability for damages allegedly flowing from acts committed in the performance of their duties. Scolnick v.

Pacific Indemnity Co. v. Whaley

572 F. Supp. 2d 626 · District Court, D. Maryland · Aug 25, 2008

Two of the cases Compton cites are clearly distinguishable from the instant case. First, in Jones & Laughlin Steel Corp. v. … However, I had meant this citation only for purposes of making clear that contractual privity is not required to establish a tort duty.

Rosen v. Kore Holdings, Inc. (In Re Rood)

448 B.R. 149 · District Court, D. Maryland · Mar 22, 2011

Ordinarily, orders denying summary judgment do not qualify as “final decisions” subject to appeal. … Moreover, the twelfth count, for injunctive relief, is clearly a remedy, not an independent cause of action. See Orteck Intern., Inc. v. Transpacific Tire Wheel, Inc., 704 F.Supp.2d 499, 521 (D.Md.2010).

Bell v. State

118 Md. App. 64 · Court of Special Appeals of Maryland · Oct 31, 1997

The trial judge was uniquely qualified to assess appellant’s demeanor and his behavior. … In order to establish the relevance and materiality required by the Rape Shield Statute, the offer of proof must be specific as to when the sexual contact took place and a proper medical foundation must be made to establish

Ausherman v. Bank of America Corp.

212 F. Supp. 2d 435 · District Court, D. Maryland · Jul 23, 2002

This should have been an easy task, as such information clearly is discoverable under Rule 26(b)(1), but it was not. … The rule permits evidence that is otherwise discoverable or that is offered for a purpose other than establishing liability.”); Freidus v.

Brown v. State Farm Mut. Auto. Ins.

Court of Special Appeals of Maryland · Jul 27, 2023

The legislature clearly was concerned that an insured’s subsequent appearance in circuit court after the administrative proceeding might be barred. … The reasonableness of the charges must be established.

Covel v. State

Court of Special Appeals of Maryland · Jul 7, 2023

Nock was not accepted as an expert in tool marking and that Maryland law constrains an expert testimony to solely what he or she has been qualified for in court. … Lamont was qualified to testify regarding the identification and operability of firearms.

Malinowski v. Lichter Group, LLC

165 F. Supp. 3d 328 · District Court, D. Maryland · Jan 28, 2016

The annual report must be accompanied by a financial statement and the written opinion of an independent qualified public accountant, “who shall conduct such an examination ... as the accountant may deem necessary to enable … Med-immune, 873 F.Supp. at 969 ; see also Philip Morris Inc. v.

Maryland Casualty Co. v. Blackstone International Ltd.

442 Md. 685 · Court of Appeals of Maryland · Apr 21, 2015

Nevertheless, we can see clearly that the unjust enrichment claim asserted against Blackstone does not qualify as a suit invoking the “Advertising Injury Liability” under the Policy. We explain. … of coverage; we have not had occasion to determine whether an insured may rely on extrinsic evidence to establish a potentiality of coverage when the insurance policy and the allegations in the complaint do not establish

State Farm Mutual Automobile Insurance v. DeHaan

393 Md. 163 · Court of Appeals of Maryland · Jun 5, 2006

A result which is clearly beyond the scope of a statute which was enacted “to assure financial compensation to the innocent victims of motor vehicle accidents who are unable to recover from financially irresponsible uninsured … In arriving at its conclusion, the EDP Court stated: “As we see it, the language in the exclusionary clause clearly focuses the ‘arising out of inquiry on the instrumentality of the injury, i.e., upon the truck and its unloading

T & R Joint Venture v. Office of Planning & Zoning of Anne Arundel County

47 Md. App. 395 · Court of Special Appeals of Maryland · Dec 15, 1980

That is clearly not the type of special interest, or personal or property right, required under the cases. … Appellant was not immune from all attack before the Board, only from those not satisfying *409 the somewhat narrow, judicially-fashioned test of "aggrievement.”

Haines v. Vogel

250 Md. App. 209 · Court of Special Appeals of Maryland · Apr 7, 2021

App. 51 (2000), and the precedent established by the Court of Appeals in Hixon v. Buchberger, 306 Md. 72 (1986) and Khalifa v. … By damaging the immune system, HIV interferes with the body’s ability to fight infection and disease.

Marbury v. Stonestreet

1 Md. 147 · Court of Appeals of Maryland · Dec 15, 1851

The weight of argument is clearly on the side of the more convenient and summary proceeding. … As regards decrees, the court were but announcing the well established doctrine.

Whiting v. State

389 Md. 334 · Court of Appeals of Maryland · Nov 8, 2005

State, 163 Md. 153 , 161 A. 244 (1932), clearly identified the sources from which an individual may derive a legitimate expectation of privacy in premises. … A private residence is easily identifiable and clearly off-limits, whereas public land is often unmarked and may appear to be open to camping.

Williams v. Criminal Injuries Compensation Board

307 Md. 606 · Court of Appeals of Maryland · Nov 7, 1986

If a claimant does not have ‘average weekly wages’ so as to qualify under the formula in § 36 of Article 101, the award shall be in an amount equal to the arithmetic average between the maximum and minimum awards listed in … These pecuniary loss criteria clearly limit the extent to which the Board may make an award where financial need is demonstrated.

In Re Meyerson

190 Md. 671 · Court of Appeals of Maryland · May 27, 1948

W. 2d 1094, 1096 , the court classified the many decisions as establishing three rules, a “lax rule”, a “strict rule”, and a “reasonable middle rule.” … He has the burden of proving fitness acquired since unfitness was established by the disbarment. The perjured testimony at the trial does not tend to prove fitness.

Klupt v. Krongard

126 Md. App. 179 · Court of Special Appeals of Maryland · Apr 28, 1999

There is no question but that the court’s findings are not clearly erroneous. … They are certainly not clearly erroneous.

Compañia Sud Americana de Vapores, S.A. v. I.T.O. Corp.

940 F. Supp. 855 · District Court, D. Maryland · Sep 18, 1996

The incident clearly could have caused serious personal injury. … On the one hand, an indemnitee is clearly required to establish its actual liability to the original plaintiff if it failed to give the proposed indemnitor notice of the underlying proceedings. Jennings v.