What's happening
This bill prevents courts from denying class action certification solely because a case involves governmental operations.
Why it matters
Ensures Fair Access to Class Actions. By preventing courts from denying class certification just because a case involves government operations, the bill helps individuals and groups challenge potentially unlawful or harmful government practices together, rather than being forced into individual lawsuits that may be impractical or too costly.
Levels the Playing Field. Government agencies often have more resources and legal expertise than individual plaintiffs. Allowing class actions in these cases gives ordinary people a stronger collective voice and a better chance to hold government entities accountable.
Promotes Judicial Efficiency. Class actions can resolve widespread issues in a single proceeding, rather than burdening the courts with numerous similar individual cases. This change could make it easier to achieve comprehensive remedies for systemic government actions affecting many people at once.
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Who cares
Headline styles
Allow Class Actions on Government
Plain English, a few words. Used as the page title.
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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
2446
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
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.
LBD04232-01-9
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.