WILLIAM DONALD SCHAEFER, Governor Ch. 632
(4) In an action for damages, if an injury due to a violation of § 11-204 is
found, the person injured shall be awarded three times the amount of actual damages
which results from the violation, with costs and reasonable attorney's fees.
(5) The Attorney General may bring an action on behalf of the State or any
of its political subdivisions to recover the damages provided for by this subsection or any
comparable provision of federal law.
(C) (1) THE ATTORNEY GENERAL MAY BRING AN ACTION IN THE NAME OF
THE STATE, AS PARENS PATRIAE ON BEHALF OF PERSONS RESIDING IN THE STATE,
TO RECOVER THE DAMAGES PROVIDED FOR IN THIS SECTION. THE COURT SHALL
EXCLUDE FROM THE AMOUNT OF MONETARY RELIEF AWARDED IN SUCH AN
ACTION ANY AMOUNT OF MONETARY RELIEF WHICH DUPLICATES AMOUNTS THAT
HAVE BEEN AWARDED FOR THE SAME INJURY OR IS PROPERLY ALLOCABLE TO
PERSONS WHO HAVE EXCLUDED THEIR CLAIMS PURSUANT TO PARAGRAPH (3) OF
THIS SUBSECTION.
(2) IN ANY ACTION BROUGHT UNDER THIS SUBSECTION, THE
ATTORNEY GENERAL, AT THE TIMES, IN THE MANNER, AND WITH THE CONTENT
THAT THE COURT DIRECTS, SHALL CAUSE NOTICE OF THE ACTION TO BE GIVEN BY
PUBLICATION. IF THE COURT FINDS THAT NOTICE GIVEN SOLELY BY PUBLICATION
WOULD DENY DUE PROCESS TO ANY PERSON, THE COURT MAY DIRECT FURTHER
NOTICE TO THE PERSON ACCORDING TO THE CIRCUMSTANCES OF THE CASE.
(3) ANY PERSON ON WHOSE BEHALF AN ACTION IS BROUGHT UNDER
THIS SUBSECTION MAY ELECT TO EXCLUDE FROM ADJUDICATION THE PORTION OF
THE CLAIM FOR MONETARY RELIEF ATTRIBUTABLE TO THAT PERSON BY FILING
NOTICE OF THE ELECTION WITH THE COURT WITHIN THE TIME SPECIFIED IN THE
NOTICE REQUIRED BY PARAGRAPH (2) OF THIS SUBSECTION.
(4) A FINAL JUDGMENT IN AN ACTION UNDER THIS SUBSECTION IS RES
JUDICATA AS TO ANY CLAIM UNDER THIS SUBTITLE BY ANY PERSON ON BEHALF OF
WHOM SUCH ACTION WAS BROUGHT, UNLESS THE PERSON HAS MADE AN ELECTION
TO EXCLUDE THAT PERSON'S CLAIM, AS PROVIDED IN PARAGRAPH (3) OF THIS
SUBSECTION.
(5) IN ANY ACTION UNDER THIS SUBSECTION, IF A DETERMINATION IS
MADE THAT A DEFENDANT AGREED TO FIX PRICES, DAMAGES MAY BE PROVED
AND ASSESSED IN THE AGGREGATE BY STATISTICAL OR SAMPLING METHODS, BY
THE PRO RATA ALLOCATION OF ILLEGAL OVERCHARGES OR EXCESS PROFITS, OR
BY OTHER REASONABLE METHODS OF ESTIMATING AGGREGATE DAMAGES AS THE
COURT PERMITS, WITHOUT THE NECESSITY OF SEPARATELY PROVING INDIVIDUAL
CLAIMS OR AMOUNTS OF DAMAGES TO PERSONS ON WHOSE BEHALF THE ACTION
WAS BROUGHT.
[(c)] (D) (C) (1) An action brought to enforce this subtitle shall be
commenced within [four] 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.
- 3093 -
|