Maryland Court of Appeals

Case Status


Docket Number

No. 104


Case Updates

Maryland Court of Appeals rules on state’s noneconomic damages cap

September 24, 2010

The Maryland Court of Appeals ruled that the state’s noneconomic damages cap is constitutional. The Court reaffirmed that a cap on noneconomic damages “may lead to greater ease in calculating premiums, thus making the market more attractive to insurers, and ultimately may lead to reduced premiums.”

U.S. Chamber filed amicus brief

January 14, 2010

NCLC urged the Maryland Court of Appeals to hold that the state’s noneconomic damages cap is constitutional. In this case, two parents were awarded $4 million for the accidental drowning of their child in a public pool. The award was reduced to $1 million in light of the state’s damages cap. In its brief, NCLC argued that the noneconomic damages cap reflects the Maryland legislature’s intent to limit tort liability and to provide a fair and consistent formula for treating plaintiffs. Without such damage caps, noneconomic damages awards are highly subjective and unpredictable.

Case Documents