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

Maryland Rule 2-231 allows a plaintiff to prosecute a civil action on behalf of a class
of similarly situated persons. In order to do so, the prospective “class representative” must
demonstrate that the class members and the claims asserted on their behalf satisfy certain
criteria set forth in the rule and that the prospective class representative will “fairly and
adequately” represent the class. The circuit court in which the complaint is filed is to
determine whether those criteria are met and whether to “certify” the case as a class action
“as soon as practicable after commencement of the action.”
In this case, we are asked to decide the consequences when a plaintiff seeks to
prosecute a case as a class action and the defendant tenders individual compensatory relief
to the plaintiff – prior to any determination whether the case may appropriately be brought
as a class action. In particular, the following three questions are before us:
1 - Does the tender require the court to deny class certification?
2 - Is an award of punitive damages foreclosed by the tender of individual
compensatory damages?
3 - Is an award of attorney’s fees to the plaintiff under a fee-shifting provision
of the Consumer Protection Act limited to fees incurred before the tender?
For the reasons that follow, we answer each of these questions “no.”