Inside District Court Another wrinkle with the UIM scenario is set forth in CJP
§ 4-402(e)(1), which allows a jury trial demand if the "amount in controversy" exceeds $15,000. Opposing counsel may argue that the amount of damages exceeds the amount in controversy under this code provision, so the case must be transferred to Circuit Court pursuant to the jury demand. Again however, the argument is that the "debt or damages claimed" are only $15,000.00, and that amount is still within the District Court’s jurisdiction. Practically speaking, until the Courts decide this issue,
a stipulation after the case is filed may be helpful in this situation. File in District Court for $15,000.00 and see if you can reach a stipulation that the only issue left for the Court’s determination is the remaining UIM claim of $15,000.00. In other words, how much in UIM benefits will the Court award to your client, if any? If you cannot reach a stipulation and do not wish to become a “test case” then amend your damage claim and file in the Circuit Court to be safe.
Attorney’s Fees & Ad Damnum Clause Issues
Situation #3 - Your claim for damages is “in excess of
$15,000.00” and you mistakenly claim “attorney’s fees” as part of your ad damnum clause. Te way you state your damages is important and if
improperly phrased could be a ticket directly to the Circuit Court. In Baltimore City Lodge No. 3 of Fraternal Order of Police, Inc. v. Mantega, 61 Md.App. 694, 697, 487 A.2d 1252 (1985), Plaintiff's ad damnum clause was sufficient to invoke jurisdiction of circuit court by not setting an upper limit on the claim, but merely alleging that she had suffered damages “in excess of ” $2,500.00. Another instructive case on ad damnum clauses is Hoang
v. Hewitt Ave. Assocs., 177 Md.App. 562, 607, 936 A.2d 915 (2007). In this case the Court held that damages for breach of contract “in excess of $100,000” did not satisfy the plain language directive of the rule that a demand for a money judgment should include the amount sought; a demand for a money judgment “in excess of ” a given number was not a demand for the amount sought in damages, but rather was a request for damages in an unstated amount that was not less than the stated amount. Terefore, any request for damages in the District Court should be limited to $30,000.00 and should always be exclusive of attorney’s fees, prejudgment, post judgment interest and costs to maintain jurisdiction.
Conclusion District Court can be an important part of our practice
and an effective weapon in any trial lawyer’s arsenal to speed up the litigation process without the complexities of
the Circuit Court. Although the damages claimed may be smaller, the cases are nonetheless important to our clients who may be unaccustomed to court procedures. By following the tips in this article you should be able to keep your case in the District Court and avoid the unpleasant situation of explaining to your client why, a year later, you are in Circuit Court before a jury in her automobile case.
Biography Stuart L. Lipshutz is a partner at the Rockville firm of
Blank, Moorstein & Lipshutz L.L.P., where he manages the firm’s personal injury practice in both federal and state-level courts across the region. A member of the Maryland, District of Columbia and Florida Bars, Mr. Lipshutz also has tried tort claims in Virginia on pro hac vice basis. Mr. Lipshutz has served as a member of the Trial Reporter Editorial Board since 2007 and remains active in multiple civic associations and organizations. Mr. Lipshutz graduated from Stetson University School College of Law in 1993 and continues to receive the highest peer review ratings for legal ability and ethical standards. Prior to joining his current firm, Mr. Lipshutz worked for a Florida firm, primarily as an insurance defense attorney.
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