waiver of governmental immunity in Maryland

7 Maryland opinions name it 2 courts 1982–2013 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
Williams v. Maynardgreen md · 2000 · cited in 1 Maryland opinions naming this issue, 2011–2011 2 sentences 2011The Court of Appeals decision in Williams v. Maynard, 359 Md. at 379, 754 A.2d 379 , offers direct guidance on this question. 2011The Court of Appeals decision in Williams v. Maynard, 359 Md. at 379, 754 A.2d 379 , offers direct guidance on this question.	1	1
Clea v. Mayor of Baltimoregreen md · 1988 · cited in 1 Maryland opinions naming this issue, 2010–2010 2 sentences 2010See Clea v. City of Baltimore, 312 Md. 662, 684 , 541 A.2d 1303 (1988); Ashton, 339 Md. at 101-02 , 660 A.2d 447 . 27 Thus, it appears to exist independently of the LGTCA, which is premised on a waiver of governmental immunity. 28 119 On the other hand, at least in MTCA cases, the Court of Appeals has indicated that recovery against the State is available as long as the claimant “complies with the procedural requirements” of the Act. 2010See Clea v. City of Baltimore, 312 Md. 662, 684 , 541 A.2d 1303 (1988); Ashton, 339 Md. at 101-02 , 660 A.2d 447 . 27 Thus, it appears to exist independently of the LGTCA, which is premised on a waiver of governmental immunity. 28 119 On the other hand, at least in MTCA cases, the Court of Appeals has indicated that recovery against the State is available as long as the claimant “complies with the procedural requirements” of the Act.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Prince George's County v. Longtin green mdctspecapp · 2010 2 sentences 2013Third, the LGTCA—enacted in 1987, a decade after O & B, id.—constitutes a waiver of the Commission’s sovereign immunity. 8 See Longtin I, 190 Md.App. at 118 , 988 A.2d 20 (“[T]he LGTCA ... is premised on a waiver of governmental immunity.” (Emphasis and footnote omitted)). 9 In sum: (1) sovereign immunity applies to state constitutional torts, Ford, 149 Md.App. at 119 , 814 A.2d 127 ; (2) the Commission is entitled to sovereign immunity, O & B, 279 Md. at 466 , 369 A.2d 553 ; and (3) the State waived the Commission’s sovereign immunity through the LGTCA, see Longtin I, 190 Md.App. at 118 , 988 2013Third, the LGTCA—enacted in 1987, a decade after O & B, id.—constitutes a waiver of the Commission’s sovereign immunity. 8 See Longtin I, 190 Md.App. at 118 , 988 A.2d 20 (“[T]he LGTCA ... is premised on a waiver of governmental immunity.” (Emphasis and footnote omitted)). 9 In sum: (1) sovereign immunity applies to state constitutional torts, Ford, 149 Md.App. at 119 , 814 A.2d 127 ; (2) the Commission is entitled to sovereign immunity, O & B, 279 Md. at 466 , 369 A.2d 553 ; and (3) the State waived the Commission’s sovereign immunity through the LGTCA, see Longtin I, 190 Md.App. at 118 , 988	1	2013–2013
Ford v. Baltimore City Sheriff's Office green mdctspecapp · 2002 2 sentences 2013Third, the LGTCA—enacted in 1987, a decade after O & B, id.—constitutes a waiver of the Commission’s sovereign immunity. 8 See Longtin I, 190 Md.App. at 118 , 988 A.2d 20 (“[T]he LGTCA ... is premised on a waiver of governmental immunity.” (Emphasis and footnote omitted)). 9 In sum: (1) sovereign immunity applies to state constitutional torts, Ford, 149 Md.App. at 119 , 814 A.2d 127 ; (2) the Commission is entitled to sovereign immunity, O & B, 279 Md. at 466 , 369 A.2d 553 ; and (3) the State waived the Commission’s sovereign immunity through the LGTCA, see Longtin I, 190 Md.App. at 118 , 988 2013Third, the LGTCA—enacted in 1987, a decade after O & B, id.—constitutes a waiver of the Commission’s sovereign immunity. 8 See Longtin I, 190 Md.App. at 118 , 988 A.2d 20 (“[T]he LGTCA ... is premised on a waiver of governmental immunity.” (Emphasis and footnote omitted)). 9 In sum: (1) sovereign immunity applies to state constitutional torts, Ford, 149 Md.App. at 119 , 814 A.2d 127 ; (2) the Commission is entitled to sovereign immunity, O & B, 279 Md. at 466 , 369 A.2d 553 ; and (3) the State waived the Commission’s sovereign immunity through the LGTCA, see Longtin I, 190 Md.App. at 118 , 988	1	2013–2013
O & B, Inc. v. Md.-Nat'l Cap. P. & P. Commission green md · 1977 2 sentences 2013Third, the LGTCA—enacted in 1987, a decade after O & B, id.—constitutes a waiver of the Commission’s sovereign immunity. 8 See Longtin I, 190 Md.App. at 118 , 988 A.2d 20 (“[T]he LGTCA ... is premised on a waiver of governmental immunity.” (Emphasis and footnote omitted)). 9 In sum: (1) sovereign immunity applies to state constitutional torts, Ford, 149 Md.App. at 119 , 814 A.2d 127 ; (2) the Commission is entitled to sovereign immunity, O & B, 279 Md. at 466 , 369 A.2d 553 ; and (3) the State waived the Commission’s sovereign immunity through the LGTCA, see Longtin I, 190 Md.App. at 118 , 988 2013Third, the LGTCA—enacted in 1987, a decade after O & B, id.—constitutes a waiver of the Commission’s sovereign immunity. 8 See Longtin I, 190 Md.App. at 118 , 988 A.2d 20 (“[T]he LGTCA ... is premised on a waiver of governmental immunity.” (Emphasis and footnote omitted)). 9 In sum: (1) sovereign immunity applies to state constitutional torts, Ford, 149 Md.App. at 119 , 814 A.2d 127 ; (2) the Commission is entitled to sovereign immunity, O & B, 279 Md. at 466 , 369 A.2d 553 ; and (3) the State waived the Commission’s sovereign immunity through the LGTCA, see Longtin I, 190 Md.App. at 118 , 988	1	2013–2013
Attorney Grievance Commission v. Henley green md · 1995 1 sentence 2010See Clea v. City of Baltimore, 312 Md. 662, 684 , 541 A.2d 1303 (1988); Ashton, 339 Md. at 101-02 , 660 A.2d 447 . 27 Thus, it appears to exist independently of the LGTCA, which is premised on a waiver of governmental immunity. 28 *119 On the other hand, at least in MTCA cases, the Court of Appeals has indicated that recovery against the State is available as long as the claimant “complies with the procedural requirements” of the Act.	1	2010–2010
Ashton v. Brown green md · 1995 1 sentence 2010See Clea v. City of Baltimore, 312 Md. 662, 684 , 541 A.2d 1303 (1988); Ashton, 339 Md. at 101-02 , 660 A.2d 447 . 27 Thus, it appears to exist independently of the LGTCA, which is premised on a waiver of governmental immunity. 28 *119 On the other hand, at least in MTCA cases, the Court of Appeals has indicated that recovery against the State is available as long as the claimant “complies with the procedural requirements” of the Act.	1	2010–2010
Lee v. Cline green md · 2004 2 sentences 2010Lee, 384 Md. at 262 , 863 A.2d 297 . 2010Lee, 384 Md. at 262 , 863 A.2d 297 .	1	2010–2010
Grubaugh v. City of St. Johns red mich · 1970 1 sentence 2005Id.	1	2005–2005
Khawaja v. Mayor of Rockville green mdctspecapp · 1992 1 sentence 1996We held that only a clear and *554 specific waiver is effective and that “the LGTCA, by its own terms, contains no specific waiver of governmental immunity when a governmental entity is sued in its own capacity.” Id. at 325, 598 A.2d 489 .	1	1996–1996
Anne Arundel County v. McDonough green md · 1976 2 sentences 1990Like the “inaccurate, ambiguous and obtuse” language before us in McDonough, 277 Md. at 307-308 , 354 A.2d at 809 , the verbiage here did not and could not convey to a voter an understanding of “the full and complete nature” of what the charter amendment involved. 1990Like the “inaccurate, ambiguous and obtuse” language before us in McDonough, 277 Md. at 307-308 , 354 A.2d at 809 , the verbiage here did not and could not convey to a voter an understanding of “the full and complete nature” of what the charter amendment involved.	1	1990–1990
Lohr v. Upper Potomac River Commission green md · 1942 2 sentences 1982Ruff, Inc., 278 Md. 580 , 366 A.2d 360 (1976); Lohr v. Upper Potomac River Commission, 180 Md. 584 , 26 A.2d 547 (1942). 4 But, more fundamentally, cases dealing with the waiver of governmental immunity are not in point because the issue presented here is not, strictly speaking, one of governmental immunity under our decisions. 1982Ruff, Inc., 278 Md. 580 , 366 A.2d 360 (1976); Lohr v. Upper Potomac River Commission, 180 Md. 584 , 26 A.2d 547 (1942). 4 But, more fundamentally, cases dealing with the waiver of governmental immunity are not in point because the issue presented here is not, strictly speaking, one of governmental immunity under our decisions.	1	1982–1982
Board of Trustees v. John K. Ruff, Inc. green md · 1976 2 sentences 1982Ruff, Inc., 278 Md. 580 , 366 A.2d 360 (1976); Lohr v. Upper Potomac River Commission, 180 Md. 584 , 26 A.2d 547 (1942). 4 But, more fundamentally, cases dealing with the waiver of governmental immunity are not in point because the issue presented here is not, strictly speaking, one of governmental immunity under our decisions. 1982Ruff, Inc., 278 Md. 580 , 366 A.2d 360 (1976); Lohr v. Upper Potomac River Commission, 180 Md. 584 , 26 A.2d 547 (1942). 4 But, more fundamentally, cases dealing with the waiver of governmental immunity are not in point because the issue presented here is not, strictly speaking, one of governmental immunity under our decisions.	1	1982–1982

Where else courts name it

TX 272 (1966–2026) NC 37 (1983–2025) GA 8 (1981–2021) MI 7 (1983–2025) MD 7 (1982–2013) PA 7 (1993–2021) UT 6 (1994–2024) NY 5 (1958–1982) KY 4 (1989–2023) NM 4 (1992–2005) OK 4 (1976–1980) ME 3 (1987–2017) WY 3 (1987–2025) TN 3 (1957–1987) MA 2 (1989–2012) WI 2 (1964–1986) CO 2 (2001–2009) DC 2 (2005–2025) NJ 2 (2009–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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