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MD HB818
Bill
Status
1/29/2025
Primary Sponsor
Malcolm Ruff
Click for details
AI Summary
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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
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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
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Courts must determine fee awards using the factors listed in Maryland Rule 2-703(f)(3)
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Attorney fee limits under the Maryland Tort Claims Act (20% of settlements, 25% of judgments) do not apply to awards under this new provision
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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