What's happening
This bill prohibits courts from denying class action certification solely because a case involves governmental operations.
Why it matters
Enhances access to collective legal action against government. By ensuring class action cases can't be dismissed solely due to the involvement of governmental entities, individuals and groups may find it easier to challenge widespread or systemic government practices in court.
Promotes judicial consistency and fairness. The bill clarifies that the same standards for class certification apply regardless of whether a case implicates government operations, reducing arbitrary barriers and ensuring that plaintiffs are treated equitably.
Potentially increases government accountability. With fewer procedural obstacles, governmental agencies could face more class action lawsuits, which may encourage better compliance with laws and regulations, knowing that large-scale challenges are more feasible.
May impact the management and resources of courts and government bodies. As more class actions could be certified against governmental operations, courts may see increased caseloads, and government agencies may need to devote additional resources to defending such cases.
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Who cares
Headline styles
Allow Class Actions vs. Government
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3181
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. SOLAGES -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to certification of class actions in cases involving governmental operations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 902 of the civil practice law and rules, as amended by chapter 474 of the laws of 1975, is amended to read as follows:
§ 902. Order allowing class action. Within sixty days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether it is to be so maintained. An order under this section may be conditional, and may be altered or amended before the decision on the merits on the court's own motion or on motion of the parties. The action may be maintained as a class action only if the court finds that the prerequisites under section 901 have been satisfied. Among the matters which the court shall consider in determining whether the action may proceed as a class action are:
1. the interest of members of the class in individually controlling the prosecution or defense of separate actions;
2. the impracticability or inefficiency of prosecuting or defending separate actions;
3. the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;
4. the desirability or undesirability of concentrating the litigation of the claim in the particular forum;
5. the difficulties likely to be encountered in the management of a class action.
However, a court shall not deny or withhold class certification solely because the action involves governmental operations.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04569-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.