Bill Text: NY S05327 | 2011-2012 | 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 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO JUDICIARY [S05327 Detail]

Download: New_York-2011-S05327-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5327
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 5, 2011
                                      ___________
       Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       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.
                                                                  LBD00042-01-1