Section 12-105 – Immunity of State Personnel
State personnel shall have the immunity from liability described under § 5-522(b) of the Courts and Judicial Proceedings Article.
Section 12-309 – Reimbursement by Party
(a) A court shall require reimbursement from the person who brings an action or proceeding against a State officer or State employee if: (1) judgment is rendered for the officer or employee; and (2) the court finds that the action or proceeding was instituted: (i) in bad faith; or (ii) without substantial justification. (b) Reimbursement shall consist of reasonable counsel fees […]
Section 12-106 – Restrictions on Actions
(a) This section does not apply to a claim that is: (1) asserted by cross–claim, counterclaim, or third–party claim; or (2) brought under § 5–117 of the Courts Article. (b) Except as provided in subsection (c) of this section, a claimant may not institute an action under this subtitle unless: (1) the claimant submits a written claim to the Treasurer […]
Section 12-107 – Claims
(a) A claim under this subtitle shall: (1) contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort; (2) demand specific damages; (3) state the name and address of each party; (4) state the name, address, and telephone number of counsel for the claimant, if any; and […]
Section 12-108 – Actions
(a) In an action under this subtitle, service of the complaint and accompanying documents is sufficient only if made on the Treasurer. (b) Unless full representation is provided under a contract of insurance, the Attorney General shall defend an action under this subtitle against the State or any of its units.
Section 12-109 – Counsel Fees
Counsel may not charge or receive fees that exceed: (1) 20% of a settlement made under this subtitle; or (2) 25% of a judgment made under this subtitle.
Section 12-110 – Short Title
This subtitle may be cited as the “Maryland Tort Claims Act”.
Section 12-201 – Sovereign Immunity Defense Barred
(a) Except as otherwise expressly provided by a law of the State, the State, its officers, and its units may not raise the defense of sovereign immunity in a contract action, in a court of the State, based on a written contract that an official or employee executed for the State or 1 of its units […]
Section 12-202 – Limitation on Claims
A claim under this subtitle is barred unless the claimant files suit within 1 year after the later of: (1) the date on which the claim arose; or (2) the completion of the contract that gives rise to the claim.
Section 12-203 – Budget Request to Satisfy Judgments
Except as provided in Title 5 of the Education Article, to carry out this subtitle, the Governor shall include in the budget bill money that is adequate to satisfy a final judgment that, after the exhaustion of the rights of appeal, is rendered against the State or any of its officers or units.