Case law

Bryant v. State

436 Md. 653 · Court of Appeals of Maryland · Feb 3, 2014

... or an opportunity to otherwise specify the reasons why the court believed the nexus had been established.” … New York, 337 U.S. 241, 247 , 69 S.Ct. 1079, 1083 , 93 L.Ed. 1337, 1342 (1949)). *672 Petitioner challenges the sufficiency of the evidence to establish his identity in the prior qualifying convictions, namely a conviction

Neustadter v. Holy Cross Hospital of Silver Spring, Inc.

418 Md. 231 · Court of Appeals of Maryland · Feb 24, 2011

Baltimore, 359 Md. 653, 659 , 755 A.2d 1130, 1133-1134 (2000) (case determined on issues of conflict of laws and on “charitable immunity”). … Clearly, whether or not a state action imposes a “substantial *280 burden” on a party is an independent question from how adequately that party enforces his rights. 1 Furthermore, I would not address the intriguing issue

Hall v. Washington Metropolitan Area Transit Authority

33 F. Supp. 3d 630 · District Court, D. Maryland · Jul 30, 2014

On an interlocutory appeal of the district court’s denial of the officer’s summary judgment motion on grounds of qualified immunity, the Eleventh Circuit affirmed, and Deputy Scott appealed again. … The video clearly depicts Hall-standing at the front of the bus, waiting to exit while other passengers board the bus.

American Trucking Associations v. Goldstein

301 Md. 372 · Court of Appeals of Maryland · Nov 1, 1984

IV of the United States Constitution. 7 It is well established that the Privileges and Immunities Clause is inapplicable to corporations. … Such distinction clearly has a rational basis.

Warwick Corp. v. Maryland Department of Transportation

573 F. Supp. 1011 · District Court, D. Maryland · Oct 31, 1983

The defendant responded with a motion raising preliminary objections, primarily the defense of sovereign immunity. … These federal appellate court decisions have spoken with little explanation or citation in assuming the compatibility of § 1983 *1013 and rules of preclusion, but the statute and its legislative history clearly support the

Smith v. Stephan

66 Md. 381 · Court of Appeals of Maryland · Jan 4, 1887

The distinction is clearly made in the Constitution between Federal and State elections on one side, and municipal elections on the other. It is impossible to mistake the meaning of the terms employed. … In a bill in equity filed against it, if the averment that the City of Westminster is not in debt can be established, it will follow that the issue of the bonds authorized on the assumption of such indebtedness must be enjoined

Plank v. Summers

205 Md. 598 · Court of Appeals of Maryland · Dec 13, 1954

Clearly, if the value claimed was unreasonable by comparison with the usual charges made for similar services, the defendant should be entitled to produce evidence tending to disprove or minimize the claim. … It may be doubted whether the witness had been sufficiently qualified to express an opinion on a surgical *607 matter.

Roberts v. Pepersack

256 F. Supp. 415 · District Court, D. Maryland · Jun 29, 1966

Id. 355 F.2d at 133 . 10 The quoted passage, although on its face appearing more qualified than my interpretation, may not really be so. … established by the prison officials.” Also in accord is Pierce v. La Vallee, 212 F.Supp. 865, 869 (N.D.

Vincent v. Prince George's County, MD

157 F. Supp. 2d 588 · District Court, D. Maryland · Aug 6, 2001

In other words, if there clearly exist factual issues “that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party,” then summary judgment is inappropriate. … Thus, he has not established an essential element of the tort, and his claim fails. IV.

Doe v. Bd. of Educ., Montgomery Co.

295 Md. 67 · Court of Appeals of Maryland · Dec 22, 1982

Clearly, each and every time a student fails to progress academically, it can be argued that he or she would have done better and received a greater benefit if another educational approach or diagnostic tool had been utilized … In the view we take of this case it is not necessary for us to address such questions as the extent, if any, to which sovereign immunity or governmental immunity might be applicable to an action such as this or whether the

Addison v. State

173 Md. App. 138 · Court of Special Appeals of Maryland · Mar 8, 2007

This would be flatly inconsistent with the long-established and sound public policy against piecemeal appeals.” … As a general rule, interlocutory trial court orders rejecting defenses of common law sovereign immunity, governmental immunity, public official immunity, statutory immunity, or any other type of immunity, are not appealable

Chung Shin v. Shalala

166 F. Supp. 2d 373 · District Court, D. Maryland · Apr 13, 2001

Instead the Plaintiff has attempted to establish a claim of discrimination through circumstantial evidence. … Plaintiff was clearly qualified for the position as shown by the certifícate of eli-gibles prepared by Defendant for the job opening.

Lewis v. Forest Pharmaceuticals, Inc.

217 F. Supp. 2d 638 · District Court, D. Maryland · Aug 16, 2002

Communications arising out of the employer-employee relationship clearly enjoy a qualified privilege. Id. at 56 , 767 A.2d 321 . … A qualified privilege, however, affords but qualified immunity. Unlike the palladium of absolute privilege, its protection “is conditioned upon the absence of malice and is forfeited if it is abused.” Di Blasio v.

Robledo v. Chertoff

658 F. Supp. 2d 688 · District Court, D. Maryland · Sep 25, 2009

The citizen relative may file a Form 1-130 (“petition”) establishing the alien as the spouse, child, or parent of the citizen and thus qualifying the alien to receive an immediate visa as an immediate relative upon approval … Dep’t of Homeland Sec., DHS Establishes Interim Relief for Widows of U.S.

Trageser v. Gray

9 L.R.A. 780 · Court of Appeals of Maryland · Dec 5, 1890

A Board was established, consisting of three commissioners, invested with the power of granting licenses to sell these liquors by retail. … This was most clearly evident, not only from the statutes and ordinances themselves, hut from the Article in the Constitution of California, under which they were framed.

Orellana v. United States of America

District Court, D. Maryland · Sep 25, 2023

Clearly Established Right As for whether the right at issue was clearly established at the time of this incident, in considering whether a right is “clearly established,” the Court considers whether “the contours … established at the time of this incident, the Court must deny summary judgment on the issue of qualified immunity, IV.

Boeh v. Dail

District Court, D. Maryland · Sep 12, 2025

At summary judgment, the availability of qualified immunity turns on (1) whether a plaintiff has established a violation of a constitutional right and (2) whether that right was “clearly established” at the time of the … “A right need not be recognized by a court in a specific factual context before such right may be considered ‘clearly established’ for purposes of qualified immunity.” Id.

Francis v. Johnson

219 Md. App. 531 · Court of Special Appeals of Maryland · Oct 6, 2014

(2) A local government may not assert governmental or sovereign immunity to avoid the duty to defend or indemnify an employee established in this subsection. … This Court recently explained the evidence required to support a finding of malice as follows: “In the qualified immunity context, the Court of Appeals [has] affirmed that ‘malice’ has an ‘actual malice’ meaning

Dahl v. Brunswick Corp.

277 Md. 471 · Court of Appeals of Maryland · May 13, 1976

for severance pay under the former he would necessarily also qualify under the latter, and every time a worker failed to qualify under the former he would necessarily also fail to qualify under the latter. … as an express agreement; but such facts and circumstances, when shown, must be such to establish that the intention to work a novation is clearly implied.

Montgomery County v. Anastasi

77 Md. App. 126 · Court of Special Appeals of Maryland · Nov 4, 1988

The lists classified applicants as either “qualified” or by the more superior rating of “well qualified”, depending on their numerical score. Each of the appellees scored in the “well qualified” category. … ‘well qualified’ or ‘qualified’ ... the promotional list will be used to fill vacancies____” This notice was supplemented, for candidates for Master Police Officer, by a letter of January 2, 1986, which provided that “the