Anthony M. Frazier v. Castle Ford, Ltd., f/k/a ... - Maryland Courts

More documents

Recommendations

Info

$C:\Documents and Settings\thomast\Local Settings\Temp\c.lotus ...$

it undertook significant measures to identify other customers who had received warranties with shorter terms than promised and to provide those customers with revised warranties. While those efforts might well someday form the basis of an argument against an award of punitive damages, they also support the Circuit Court’s decision to award attorney’s fees to Mr. Frazier for the efforts of his counsel throughout the litigation. As the Circuit Court reasoned, under the circumstances of this case, Crystal Ford’s concessions illustrate that Mr. Frazier lost a battle – in that the Circuit Court granted Crystal Ford’s motions for summary judgment and to deny class certification – but ultimately won the war, as it is undisputed that his litigation resulted in the revision of warranty contracts by Crystal Ford to match its representations and the expectations of its customers. 25 We agree with the Court of Special Appeals that the Circuit Court acted within its discretion when it considered Crystal Ford’s correction of extended warranties purchased by other customers as within “the results obtained” by the efforts of Mr. Frazier’s attorney. This seems 25 Crystal Ford directs us to several federal cases in which the court considered whether an attorney’s fee award to a prevailing plaintiff should be reduced because the plaintiff did not succeed in all respects. See Nigh v. Koons Buick Pontiac GMC, Inc., 478 F.3d 183 (4th Cir. 2006); DeJesus v. Banco Popular de Puerto Rico, 918 F.2d 232, 235 (1st Cir. 1990); Roger E. Herst Revocable Trust v. Blinds to Go (U.S.) Inc., 2011 U.S. Dist. LEXIS 147032 (D. Md. Dec. 20, 2011). None of these cases persuades us that the Circuit Court should have disregarded the prevailing “practical results” conceded by Crystal Ford. 22
particularly appropriate in a case under the Consumer Protection Act. 26 Accordingly, the attorney’s fee award was appropriate under §13-408(b) of the Consumer Protection Act. 27 26 The General Assembly enacted the Consumer Protection Act in order to establish “minimum statewide standards for the protection of consumers across the State.” CL §§13- 102(b)(1), 13-103(a). The 1986 amendment of the Act to include a private cause of action was designed “to improve the enforcement” of the Act for the benefit of those consumers. See Report of Senate Judicial Proceedings Committee concerning Senate Bill 551 (March 7, 1986). 27 As noted above we are remanding this case for further proceedings that may or may not result in the continuation of the class action Mr. Frazier seeks to prosecute. If Mr. Frazier should seek an additional award of attorney’s fees in the future, the Circuit Court’s consideration of such a request should take into account the factors set forth in Rule 1.5(a) and this Court’s prior decisions concerning the award of attorney’s fees. E.g., Hoffman v. Stamper, 385 Md. 1, 867 A.2d 276 (2005) (award of attorney’s fees permissible with respect to Consumer Protection Act count, but not fraud count); Friolo v. Frankel, 373 Md. 501, 819 A.2d 354(2003) (method for determining reasonable fee). 23
Page 1 and 2: Anthony M. Frazier v. Castle Ford,
Page 3 and 4: Maryland Rule 2-231 allows a plaint
Page 5 and 6: of the car even though the applicat
Page 7 and 8: far as this court can see to put fo
Page 9 and 10: e joined as parties to the action.
Page 11 and 12: “Picking off” the Prospective C
Page 13 and 14: precluded certification of this act
Page 15 and 16: merits of class certification. 15 I
Page 17 and 18: when a defendant attempts to pick o
Page 19 and 20: opportunity to file a timely motion
Page 22 and 23: Whether an Award of Attorney’s Fe
Page 26 and 27: JUDGMENT OF THE COURT OF SPECIAL AP
Page 28 and 29: The majority has developed a paradi
Page 30 and 31: The Seventh Circuit agreed. In so h
Page 32 and 33: The Seventh Circuit affirmed, holdi
Page 34 and 35: FRAZIER’S COUNSEL: Yes. In analyz
Page 36 and 37: was able to take immediate possessi
Page 38 and 39: endered moot by post-suit tender of
Page 40 and 41: on a motion for class certification

Anthony M. Frazier v. Castle Ford, Ltd., f/k/a ... - Maryland Courts

Create successful ePaper yourself

Delete template?

Save as template?