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MD HB818

Bill

Status

Introduced

1/29/2025

Primary Sponsor

Malcolm Ruff

Click for details

Origin

House of Delegates

2025 Regular Session

AI Summary

  • Courts may award reasonable attorney's fees and expenses to prevailing plaintiffs in lawsuits against the State, political subdivisions, or their employees/agents for violations of rights under the Maryland Constitution or Declaration of Rights

  • Prevailing defendants may only receive attorney's fees if the court finds the plaintiff's claim was maintained in bad faith or without substantial justification

  • Courts must determine fee awards using the factors listed in Maryland Rule 2-703(f)(3)

  • Attorney fee limits under the Maryland Tort Claims Act (20% of settlements, 25% of judgments) do not apply to awards under this new provision

  • Effective October 1, 2025, applying only to cases filed on or after that date

Legislative Description

Award of Attorney's Fees and Expenses - Violation of Maryland Constitutional Right

Courts

Last Action

Hearing 2/19 at 11:00 a.m.

2/17/2025

Committee Referrals

Judiciary1/29/2025

Full Bill Text

No bill text available