Justia Class Action Opinion Summaries

The Court of Appeals affirmed the judgment of the circuit court ruling that Baltimore City had breached its contract with two out of three sub-classes of police officers and firefighters and finding that Ordinance 10-306 retrospectively divested the members of those sub-classes of benefits they had earned, holding that there were no factual or legal errors in the circuit court's rulings.Baltimore City maintained a Fire and Police Employees' Retirement System (the Plan) to provide pension benefits to members of the City's police and fire departments. In 2010, the City enacted Ordinance 10-306, under which the City changed some of the key terms of the Plan. Plaintiffs commenced a class action lawsuit alleging claims for declaratory relief and breach of contract. The circuit court certified a class of plaintiffs and three sub-classes: a retired sub-class, a retirement-eligible sub-class, and an active sub-class. The circuit court granted judgment for all but the active sub-class, ruling that, as to currently employed members who had not yet reached retirement eligibility, Ordinance 10-306 did not affect vested benefits. The Court of Appeals affirmed, holding that the Ordinance retrospectively divested retired and retirement-eligible members of the benefits they had earned. View "Cherry v. Mayor & City Council of Baltimore" on Justia Law

In this two putative class action cases concerning the applicable statute of limitations for claims filed by consumer debtors against a consumer debt buyer, Midland Funding, LLC, the Court of Appeals held that Petitioners' claims for unjust enrichment and statutory claims for money damages were subject to the three-year statute of limitations established by Md. Code Cts. & Jud. Proc. 5-101.Petitioner Clifford Cain and Petitioner Tasha Gambrell each filed a putative class action complaint against Midland, alleging improper debt collection activities in connection with money judgments that Midland obtained against the plaintiffs during a time when Midland was not licensed as a collection agency under Maryland law. In Cain's case, the circuit court granted summary judgment to each party in part and a separate declaratory judgment declaring the rights of the parties. In Gambrell's case, the circuit court granted Midland's motion to dismiss. The court of appeals held (1) Petitioners were not entitled to injunctive relief, and (2) Petitioners' claims seeking restitution under an unjust enrichment theory and money damages for statutory claims were barred by CJ 5-101's three-year statute of limitations. The Court of Appeals affirmed the judgment as to Gambrell in its entirety and reversed the judgment in part as to Cain, holding that Cain's individual claims were timely filed. View "Cain v. Midland Funding, LLC" on Justia Law

The Court of Appeals vacated the judgment of the court of special appeals and remanded with directions to reverse the judgment of the circuit court certifying a settlement class and approving a settlement reached by the parties with respect to that class, holding that the circuit court erred in approving the proposed settlement.The class-action lawsuit was filed on behalf of 100 individuals who had assigned structured settlement annuity benefits they were entitled to receive from certain tortfeasors to Petitioner or its affiliates or designees based on allegations that the assignments were the product of fraud. Ultimately, the circuit court approved the proposed settlement. The court of special appeals reversed. The Court of Appeals vacated the judgment below and concluded that the circuit court erred in approving the proposed settlement under the facts and circumstances of this case. View "Linton v. Consumer Protection Division" on Justia Law

The circuit court’s order denying Appellant’s petition to compel arbitration was not a final, appealable judgment under Md. Code Ann. Cts. & Jud. Proc. 12-301.Appellees were individuals who each purchased vehicles from the automobile dealership operated by Appellant. Appellees filed a class action lawsuit against Appellant, challenging Appellant’s practice of providing customers with an alleged free lifetime limited warranty for their vehicles conditioned on the consumer’s continued use of and payment for other services provided by Appellant. Appellant filed an independent action seeking to compel arbitration in the class action case. The circuit court concluded that Appellees’ claims were not subject to binding arbitration. Appellant appealed. Appellees filed a motion to dismiss on the basis that the order denying arbitration was not an appealable final judgment. The court of special appeals denied the motion. The Court of Appeals vacated the judgment of the court of special appeals and remanded to that court with instructions to dismiss the appeal, holding that the circuit court’s order denying Appellant’s petition to compel arbitration was not a final, appealable judgment, depriving the court of special appeals of jurisdiction to hear an appeal of that order. View "Deer Automotive Group, LLC v. Brown" on Justia Law

The Fangmans sought to represent a class of approximately 4,000 to 5,000 individuals who, from 2009 to 2014, retained Genuine Title for settlement and title services and utilized various lenders for the purchase and/or refinancing of their residences, allegedly as a result of referrals from the lenders. All of the lenders are servicers of federally related mortgage loans. The complaint alleges an illegal kickback scheme and that “sham companies” that were created by Genuine Title to conceal the kickbacks, which were not disclosed on the HUD-1 form. After dismissing most of the federal claims, the federal court certified to the Maryland Court of Appeals the question of law: Does Md. Code , Real Prop. [(1974, 2015 Repl. Vol.) 14-127 imply a private right of action?” The statute prohibits certain consideration in real estate transactions. That court responded “no” and held that RP 14-127 does not contain an express or implied private right of action, as neither its plain language, legislative history, nor legislative purpose demonstrates any intent on the General Assembly’s part to create a private right of action. View "Fangman v. Genuine Title, LLC" on Justia Law