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Philip Morris Inc. v. Angeletti5/16/2000
ecessary parties." 56 Md. App. at 250, 467 A.2d at 566.
The Court of Special Appeals logically concluded that certification of a class is an issue initially left to the trial judge. Following Bender, the intermediate appellate court remanded the case, allowing the trial court to determine whether class certification was appropriate. Although, in that regard, the court suggested courses of action for the trial judge to take after determining whether the certification was appropriate, id. at 250-51, 467 A.2d at 567, it was clear in stating that, on that score, it "by no means suggest the conclusion to be reached . . . ." Id.
Bender and Kirkpatrick illustrate that Maryland's appellate courts have resisted treading, prior to finality, on territory generally left to the discretion of the trial court, absent extraordinary circumstances amounting to a usurpation of power. In both cases, the appellate courts treated the class certification decision as a discretionary matter to be decided by the trial judge.
Petitioners rely heavily on Amchem Products, Inc. v. Windsor, 521 U.S. 591, 117 S. Ct. 2231, 138 L. Ed. 2d 689 (1997), a case in which the Supreme Court overturned a trial court order that hastily certified a class for settlement purposes without properly analyzing and applying the class action rule. That case, however, is distinguishable. In Amchem Products, the Supreme Court feared that the trial judge did not use any discretion in certifying the class because "within the space of a single day . . . the settling parties . . . presented to the District Court a complaint, an answer, a proposed settlement agreement, and a joint motion for conditional class certification." Id. at 601-02, 117 S. Ct. at 2239, 138 L. Ed. 2d 689. The Supreme Court's concern in Amchem Products was the haste with which the certification determination was made. We do not have the same procedural concerns here. The record clearly shows that, in the case sub judice, the trial judge used discretion and seriously considered the certification issues; in a deliberate manner, he exercised his discretion. Indeed, the majority does not take issue with the manner in which the trial court exercised discretion, only the result of that exercise of discretion.
Whether his determinations are correct or not, the process the trial judge used to arrive at them, was clearly correct. When there is evidence, as in Amchem Products, that a trial court did not take the proper steps to certify a class, then there may be some evidence of an abuse of discretion and, therefore, justification for issuing mandamus. That is not the case here.
The trial court's exercise of discretion in formulating the issues and scope of class actions is not final until, at least, the commencement of the trial on the merits. In fact, it may not achieve finality until final judgment is rendered. As I see it, the view espoused by the majority makes the trial court's exercise of discretion, even at the very beginning of the proceedings, a final exercise of discretion. This is inconsistent with Rule 2-231 and with the view taken by courts in other jurisdictions.
In consolidated appeals after final judgment had been entered, the District of Columbia Court of Appeals recognized the importance of allowing a trial court wide discretion in reviewing certifications of class actions:
When seeking class certification, a plaintiff must meet each of the four requirements of Super. Ct. Civ. R. 23(a). . . .[ ] The party seeking certification has the burden of showing that the request for class certification complies with the requirements of the rule. Whether that burden has been met is a matter entrusted to the trial c
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