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

e joined as parties to the action. Maryland Rule 2-231(a). 6
One important purpose of this
procedural mechanism is to allow a remedy for modest individual claims. “The aggregation
of individual claims in the context of a classwide suit is an evolutionary response to the
existence of injuries unremedied by the regulatory action of government. Where it is not
economically feasible to obtain relief within the traditional framework of a multiplicity of
small individual suits for damages, aggrieved persons may be without any effective redress
unless they may employ the class-action device.” Deposit Guaranty National Bank v. Roper,
445 U.S. 326, 339 (1980).
Not anyone can prosecute a class action, however. Under the rule, a plaintiff who
seeks to prosecute a class action – to act as the “class representative” – must satisfy certain
prerequisites. See Maryland Rule 2-231(a) (requiring that the representative’s claim be
“typical” of the class and that the representative “fairly and adequately” protect the interests
of the class). The case may only proceed as a class action if certified by the court. Maryland
Rule 2-231(c). 7
And the prosecution of the action is subject to significant oversight by the
6 The Maryland rule is based on Rule 23 of the Federal Rules of Civil Procedure, as
the latter was significantly revised in 1966.
7 The rule sets forth certain criteria to be met as a prerequisite to certification:
(b) Unless justice requires otherwise, an action may be
maintained as a class action if the prerequisites of section (a) are
satisfied, and in addition:
(1) the prosecution of separate actions by or against
individual members of the class would create a risk of
(continued...)
7