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Session Laws, 1975
Volume 716, Page 327   View pdf image
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MARVIN MANDEL, Governor

327

REASONABLE ATTORNEY'S FEES.

(5) THE ATTORNEY GENERAL MAY BRING AN ACTION
ON BEHALF OF THE STATE OR ANY OF ITS POLITICAL
SUBDIVISIONS TO RECOVER THE DAMAGES PROVIDED FOR BY THIS
SUBSECTION OR ANY COMPARABLE PROVISION OF FEDERAL LAN.

(C) LIMITATION PERIOD FOR CIVIL ACTION.

(1)     AN ACTION BROUGHT TO ENFORCE THIS
SUBTITLE SHALL BE COMMENCED WITHIN FOUR YEARS AFTER THE
CAUSE OF ACTION ACCRUES.

(2)    FOR THE PURPOSES OF THIS SUBSECTION, A
CAUSE OF ACTION FOR A CONTINUING VIOLATION ACCRUES AT THE
TIME OF THE LATEST VIOLATION.

REVISOR'S NOTE: Subsections (a) and (b) of this
section presently appear as Art. 83, §11.

In subsection (a) (3), the phrase "but not
limited to" is deleted as unnecessary since
use of the word "including" is not intended in
any sense to be exclusionary or limiting. The
maxim of expressio unius est exclusio alterius
and doctrines of similar implication are not
intended, therefore, to be made applicable by
reason of this deletion.

Subsection (c) of this section presently
appears as Art. 83, §46. The provision
preventing the revival of actions barred on
July 1, 1972 is deleted as obsolete.

The only other changes are in style.

11-210. JUDGMENT AS EVIDENCE.

(A)   IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, A FINAL JUDGMENT OR DECREE RENDERED IN A
CRIMINAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE
ATTORNEY GENERAL UNDER THIS SUBTITLE TO THE EFFECT THAT A
DEFENDANT HAS VIOLATED THIS SUBTITLE IS PRIMA FACIE
EVIDENCE AGAINST THE DEFENDANT IN AN ACTION FOR DAMAGES
BROUGHT BY ANOTHER PARTY AGAINST HIM UNDER §11-209(B)
WITH RESPECT TO ALL MATTERS WHERE THE JUDGMENT OR DECREE
WOULD BE AN ESTOPPEL BETWEEN THE PARTIES TO IT.

(B)   EXCEPTION.

THIS SECTION DOES NOT APPLY TO A CIVIL CONSENT
JUDGMENT OR DECREE ENTERED BEFORE ANY TESTIMONY IS TAKEN.

 

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Session Laws, 1975
Volume 716, Page 327   View pdf image
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