Davita Carter v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting argument that a Maryland procedural rule would supersede federal procedural rules in FTCA action applying substantive Maryland law
• applying a state-law damages cap in FTCA case “because a cap on damages reflects a judgment about the severity of the sanction appropriate to regulate the activity of potential injurers”
• finding no waiver of affirmative defense where no substantive effect on plaintiffs response
• “A cap on damages is only a partial defense, but that is true of any defense that is limited to the amount of damages, and in that respect it is no different from comparative negligence, which clearly is an affirmative defense.”
• acknowledging conflict but declining to decide the issue

Source: CourtListener parenthetical corpus (CC0).