Sunday, January 11, 2009
MD Chamber Files Amicus Brief in Noneconomic Damages Case
The Maryland Chamber joined several business organizations in filing an amicus brief in an important case before the Maryland Court of Appeals concerning Maryland’s cap on noneconomic damages. At issue in the case, Green v. NBS, Inc., is the important question of whether Maryland’s limit on noneconomic damages applies to all cases involving personal injury, including those brought as a statutory claim, or only to common law claims. It also involves abuse of consumer protection laws, in this case, the Maryland Consumer Protection Act (CPA), to bring personal injury claims without showing the proof ordinarily required to recover and allowing an award of attorneys’ fees.
Should the Court of Appeals reverse the intermediate appellate court, the Maryland noneconomic damage limit will be significantly weakened, personal injury lawyers will even more routinely include CPA claims in their complaints to evade the cap, and Maryland businesses will face higher liability. Contact Ron Wineholt for further information at .(JavaScript must be enabled to view this email address).
