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Ch. 397 2005 LAWS OF MARYLAND
DISPOSES OF ANY DRUG, MEDICINE, COSMETIC, FOOD, FOOD ADDITIVE, OR
COMMERCIAL FEED, AS DEFINED IN § 6-101 OF THE AGRICULTURE ARTICLE, OR
MEDICAL DEVICE:
(1) MAY NOT ASSERT AS A DEFENSE THAT THE PERSON DID NOT DEAL
DIRECTLY WITH THE PLAINTIFF PERSON ON WHOSE BEHALF THE ACTION IS
BROUGHT; AND
(2) MAY PROVE, AS A PARTIAL OR COMPLETE DEFENSE AGAINST A
DAMAGE CLAIM, IN ORDER TO AVOID DUPLICATIVE LIABILITY, THAT ALL OR ANY
PART OF AN ALLEGED OVERCHARGE ULTIMATELY WAS PASSED ON TO ANOTHER
PERSON BY A PURCHASER OR SELLER IN THE CHAIN OF MANUFACTURE,
PRODUCTION, OR DISTRIBUTION WHO PAID THE ALLEGED OVERCHARGE.
Article - Commercial Law
11-209.
(b) (5) The Attorney General may bring an action on behalf of the State or
any of its political subdivisions OR AS PARENS PATRIAE ON BEHALF OF PERSONS
RESIDING IN THE STATE to recover the damages provided for by this subsection or any
comparable provision of federal law.
(C) AN ACTION BROUGHT BY THE ATTORNEY GENERAL AS PARENS PATRIAE
UNDER SUBSECTION (B)(5) OF THIS SECTION IS PRESUMED SUPERIOR TO ANY CLASS
ACTION BROUGHT ON BEHALF OF THE SAME PERSON.
[(c)] (D) (1) An action brought to enforce this subtitle shall be commenced
within 4 years after the cause of action accrues.
(2) For the purposes of this subsection, a cause of action for a continuing
violation accrues at the time of the latest violation.
(3) Whenever the State commences a. criminal proceeding under this
subtitle or the United States commences a criminal antitrust proceeding under the
federal antitrust laws, any civil action under this section related to the subject matter
of the criminal proceeding shall be commenced within 1 year after the conclusion of
the proceeding or within 4 years after the cause of action accrued, whichever is later.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any action brought under Section 11-209 of the
Commercial Law Article on or after before the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved May 10, 2005.
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