MARYLAND
REFORMS
Employer Reference Liability: HB 597
(1996); Amended Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 5-399.7. Releases
employers from civil liability for providing employee references using a
presumption of good faith. Provides that the good faith presumption can be
rebutted only by “clear and convincing” evidence that there was actual malice
or false information was intentionally or recklessly disclosed.
Good Faith Reliance:
Consumer Protection Contracts-Late Fees: SB 145 (2000); Amended Md. COMMERCIAL LAW Code
Ann. § 14-1315. Retroactively protects
businesses that imposed late fees in good faith in reliance on the generally
accepted understanding of the law governing late fees. Allows businesses to charge a reasonable late
fee to recover the cost of delinquent payments and encourages customers to pay
on time. Protects all
consumers by requiring a limit on late fees.
Jury Service Reform: HB 1185 (2005); Repealed Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. §
7-202(d), Md. COURTS AND JUDICIAL PROCEEDINGS
Code Ann. § 8-202(5)(i)1.C., Md.
COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 8-207, Md.
COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 8-209, Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann.
§ 8-210; Amended Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 8-105, Enacted
Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 8-106.
Increases juror compensation from $15 to $50
per day, after the fifth day of service. Provides
leave time protections for employees.
Medical Liability Reform: Arbitration: Md. Cts.
& Jud. Pro. § 3-2A-07. Provides that if a legal fee is in dispute, an
arbitration panel or a court will determine if the fee is reasonable.
Medical Liability Reform: Certificate of Merit: HB
188 (1998); Amended Md. COURTS AND JUDICIAL PROCEEDINGS Code Ann. § 3-2C-02. Requires
a certificate of merit by a qualified expert to be filed in claims against
licensed professionals.
Noneconomic Damages Reform: Uninsured Drivers: HB
714 (2001); Amended Md. TRANSPORTATION Code Ann. § 17-107. Provides that an individual driving a motor vehicle
that is not covered by insurance is considered to have waived the right to
recover noneconomic damages under specified circumstances.
Noneconomic Damages
Reform: Wrongful Death: SB 283 (1994): Md. Cts. &
Jud. Pro. §11-108.
Limits
noneconomic damages in wrongful death actions to $500,000. In cases
where there are two or more beneficiaries, the limit is $700,000. The reform somewhat counters the effect of
the Streidel
decision, which held that Maryland's
$350,000 limit on noneconomic damages did not apply in wrongful death actions.
Noneconomic
Damages Reform: Public Entity Lawsuits: SB 237 (1987). Limits the award of noneconomic damages
in public entity lawsuits to $200,000 per person and $500,000 per incident.
Noneconomic
Damages Reform: SB 558 (1986): Md. Cts. &
Jud. Pro. §11-108. Limits the award of
noneconomic damages to $500,000. The Court of Special Appeals of Maryland upheld the constitutionality of
the noneconomic damages limit in Potomac Electric Co. v. Smith, 79 Md. App.
591, 558 A.2d 768 1989. The $350,000 limit on noneconomic
damages in personal injury actions did not violate the equal protection or
right to jury trial provisions of the State Constitution. Murphy v. Edmonds,
601 A.2d 102 (Md.
1992).
Officers and Directors Liability Reform: HB 273
(1988). Limits the liability of directors and officers of
for-profit corporations.
Officers and Directors Liability Reform: SB 223
(1988). Limits the liability of directors and officers on
non-profit corporations.
Periodic Payment of Future Damages: SB 558 (1986):
Md. Cts. & Jud. Pro. § 11-109. Allows a
court to order the periodic payment of future damages.
Punitive Damages Reform: Owens-Illinois v. Zenobia,
601 A.2d 633 (Md. 1992). Requires a plaintiff to prove punitive damages by “clear and
convincing” evidence.
