Monday, March 28, 2011
Rules Subcommittee Approves Comparative Fault Report
A subcommittee of the Maryland Court of Appeals Rules Committee last week approved with minor changes its report on the issue of comparative fault. The report expresses the subcommittee’s view that the Court may not change the state’s liability standard to comparative fault by adoption of a procedural rule, and notes that no other state has adopted comparative fault by a procedural rule. However, the subcommittee acknowledged that the Court is the ultimate determiner of its rule making authority. The final version of the report will be available next week. The full Rules Committee will consider the issue at their April 15 meeting in Annapolis. Contact Ron Wineholt for further information at .(JavaScript must be enabled to view this email address).
