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· 7/27/2004

State v. Sharafeldin

Citations

  • 854 A.2d 1208
  • 382 Md. 129
  • 2004 Md. LEXIS 457

How courts have described this case

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

  • holding that the State cannot waive its sovereign immunity in contract actions where the claimant fails to file within the one year deadline
  • opining that the State’s immunity from suit is “one of the highest attributes of sovereignty” and that courts decline to abrogate sovereign immunity by judicial fiat
  • finding that the Maryland Legislature did not “waive the State’s Eleventh Amendment immunity in [contract] actions in Federal court”
  • defining “in a court of the State” as “a court that is part of the Maryland judiciary”
  • distinguishing between the concepts of subject matter jurisdiction and immunity, observing that a time requirement for bringing a breach of contract action against the State, contained in Md.Code (1984, 2009 Repl.Vol.), State Government (\SG\
  • “State agencies may not, on their own, waive sovereign immunity ‘either affirmatively or by failure to plead it.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.