Md. Code, Cts. & Jud. Proc. § 11-108 limits the amount of noneconomic personal injury damages that victims of "tortious conduct" may receive. On appeal, Green's attorney argued that, because the case involved a statutory cause of action, Green's personal injuries were not the result of tortious conduct. Judge Joseph F. Murphy, Jr., writing for a unanimous Court of Appeals, instead noted that "the fact that a cause of action arises out of a statute does not mean that a tort has not been committed." He further explained that, "the term ‘tort' as defined by Black's [Law Dictionary] encompasses all ‘civil wrongs,' not just wrongs that were recognized as a civil wrong at common law." The Court affirmed the decision of the Circuit Court, and upheld the reduction of damages.

The Court's holding is consistent with previous Maryland cases in which the term "tortious act or omission" was interpreted to include causes of action to recover for constitutional torts. See Lee v. Cline, 384 Md. 245 (2004); In re Wallace W., 333 Md. 186 (1993). While not directly on point, such case law suggests that tortious conduct includes more than simply common law torts.

Green v. N.B.S., Inc. highlights an ongoing debate over the appropriateness of Maryland's noneconomic damages cap. Proponents of the cap often argue that it prevents runaway jury verdicts based more on emotion rather than the facts of a particular case, while opponents argue it is constitutionally unfair to reduce an award that a jury determines is appropriate.

In an effort to accommodate both sides, Maryland's Legislature has placed steadily increasing limits on the amount of damages plaintiffs may receive. Originally set at $350,000 in 1986, the cap was raised to $500,000 in 1994, where, under the current terms of the statute, it continues to increase by $15,000 each October 1. The current cap for causes of actions accruing between October 1, 2008 and September 30, 2009 is $710,000.