The Court of Federal Appeals (Lewis F. Powell Courthouse) and the skyline of Richmond, Virginia. Credit: Acroterion via Wikimedia Commons Maryland Supreme Court: State Sovereign Immunity Not Waived for Federal Statutory Claims
"...[T]here is no evidence that the General Assembly intended to include federal statutory claims within the scope of the MTCA. Furthermore, adopting appellant's approach would produce results that are inconsistent with one of the [Maryland Tort Claims Act]'s main purposes."
August 22, 2023 at 04:32 PM
4 minute read
The Maryland Supreme Court, answering a certified question from the U.S. Court of Appeals for the Fourth Circuit, has determined that the waiver of sovereign immunity for tort actions under the Maryland Tort Claims Act does not extend to federal statutory claims.
The underlying case, Michele Williams v. Morgan State University, came to the Supreme Court of Maryland as a certified question from the Fourth Circuit in a case that originated in the Circuit Court for Baltimore City and was later removed to federal court, according to the opinion. The Maryland Tort Claims Act (MTCA), waives the state's immunity in a tort action in a court of the state, according to the opinion.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Statute of Limitations Shrivels $5M Jury Award to Less than $1M, 8th Circuit Rules
4 minute read
Standing Spat: Split 2nd Circuit Lets Challenge to Pfizer Diversity Program Proceed
Fight Over Amicus-Funding Disclosure Surfaces in Google Play Appeal
'Self-Diagnosed Nickel Allergy' Fails to Find Success in Med-Mal Suit, 8th Circuit Rules
5 minute readTrending Stories
- 1Court Rejects San Francisco's Challenge to Robotaxi Licenses
- 2'Be Prepared and Practice': Paul Hastings' Michelle Reed Breaks Down Firm's First SEC Cybersecurity Incident Disclosure Report
- 3Lina Khan Gives Up the Gavel After Contentious 4 Years as FTC Chair
- 4Allstate Is Using Cell Phone Data to Raise Prices, Attorney General Claims
- 5Epiq Announces AI Discovery Assistant, Initially Developed by Laer AI, With Help From Sullivan & Cromwell
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
