Bill Text: NY A02191 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits a court from denying class certification for purposes of class action lawsuits solely because the action involves governmental operations.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02191 Detail]

Download: New_York-2015-A02191-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2191
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced by M. of A. SOLAGES, ROSENTHAL, ABINANTI, GOTTFRIED, PICHARDO
         -- read once and referred to the Committee on Codes
       AN ACT to amend the civil practice law and rules, in relation to certif-
         ication of class actions in cases involving governmental operations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 902 of the civil practice law and rules, as amended
    2  by chapter 474 of the laws of 1975, is amended to read as follows:
    3    S 902.  Order allowing class action.  Within sixty days after the time
    4  to serve a responsive pleading has expired  for  all  persons  named  as
    5  defendants  in  an action brought as a class action, the plaintiff shall
    6  move for an order to determine whether it is to be so  maintained.    An
    7  order  under  this  section  may  be  conditional, and may be altered or
    8  amended before the decision on the merits on the court's own  motion  or
    9  on  motion  of  the  parties.    The action may be maintained as a class
   10  action only if the court finds that the prerequisites under section  901
   11  have  been satisfied.   Among the matters which the court shall consider
   12  in determining whether the action may proceed as a class action are:
   13    1.  the interest of members of the class in  individually  controlling
   14  the prosecution or defense of separate actions;
   15    2.    the impracticability or inefficiency of prosecuting or defending
   16  separate actions;
   17    3.  the extent and nature of any litigation concerning the controversy
   18  already commenced by or against members of the class;
   19    4.  the desirability or undesirability of concentrating the litigation
   20  of the claim in the particular forum;
   21    5.  the difficulties likely to be encountered in the management  of  a
   22  class action.
   23    HOWEVER, A COURT SHALL NOT DENY OR WITHHOLD CLASS CERTIFICATION SOLELY
   24  BECAUSE THE ACTION INVOLVES GOVERNMENTAL OPERATIONS.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06750-01-5