Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 23, 2011 |
signed chap.566 |
Sep 12, 2011 |
delivered to governor |
Jun 06, 2011 |
returned to senate passed assembly ordered to third reading rules cal.75 substituted for a7519a |
Jun 02, 2011 |
referred to codes delivered to assembly passed senate |
May 23, 2011 |
amended on third reading 4577a |
May 09, 2011 |
advanced to third reading |
May 04, 2011 |
2nd report cal. |
May 03, 2011 |
1st report cal.441 |
Apr 12, 2011 |
referred to judiciary |
Senate Bill S4577
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) 21st Senate District
2011-S4577 - Details
- See Assembly Version of this Bill:
- A7519
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R909, CPLR
2011-S4577 - Sponsor Memo
BILL NUMBER:S4577 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the award of attorneys' fees in class actions This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. A recent decision of the New York Court of Appeals, Flemming v Barnwell Nursing Home and Health Facilities, Inc., _ N.Y.3d _,2010 WL 4116615 (Oct. 21, 2010) highlights what our Advisory Committee believes to be a deficiency in the scope of CPLR rule 909, which relates to the award of attorneys' fees in class actions. That rule gives a court discretion to award attorneys' fees to representatives of the class based upon the reasonable value of the services rendered. In Flemming, the issue was whether an attorney for an objecting member of the class, whose actions actually benefitted the class, could also receive an award of attorneys' fees. The majority held that the attorney could not receive fees because of the strict wording of rule 909 which limits an award of fees to "representatives of the class." Two judges dissented, arguing that rule 909 was not intended to restrict the well-established common fund doctrine, which, under the
2011-S4577 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4577 2011-2012 Regular Sessions I N S E N A T E April 12, 2011 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- 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 the award of attorneys' fees in class actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 909 of the civil practice law and rules, as added by chapter 207 of the laws of 1975, is amended to read as follows: Rule 909. Attorneys' fees. If a judgment in an action maintained as a class action is rendered in favor of the class, the court in its discretion may award attorneys' fees to the representatives of the class OR TO ANY OTHER PERSON THAT THE COURT FINDS HAS ACTED TO BENEFIT THE CLASS based on the reasonable value of legal services rendered and if justice requires, allow recovery of the amount awarded from the opponent of the class. S 2. This act shall take effect immediately and apply to all actions commenced on or after the date on which it shall have become a law and all actions pending on the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09315-01-1
co-Sponsors
(D, WF) 21st Senate District
2011-S4577A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7519
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R909, CPLR
2011-S4577A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4577A TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the award of attorneys' fees in class actions This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. A recent decision of the New York Court of Appeals, Flemming v Barnwell Nursing Home and Health Facilities, Inc., _ N.Y.3d _,2010 WL 4116615 (Oct. 21, 2010) highlights what our Advisory Committee believes to be a deficiency in the scope of CPLR Rule 909, which relates to the award of attorneys' fees in class actions. That rule gives a court discretion to award attorneys' fees to representatives of the class based upon the reasonable value of the services rendered. In Flemming, the issue was whether an attorney for an objecting member of the class, whose actions actually benefitted the class, could also receive an award of attorneys' fees. The majority held that the attorney could not receive fees because of the strict wording of rule 909 which limits an award of fees to "representatives of the class." Two judges dissented, arguing that rule 909 was not intended to restrict the well-established common fund doctrine, which, under the common law, allowed those whose
2011-S4577A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4577--A Cal. No. 441 2011-2012 Regular Sessions I N S E N A T E April 12, 2011 ___________ Introduced by Sens. BONACIC, PARKER -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the civil practice law and rules, in relation to the award of attorneys' fees in class actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 909 of the civil practice law and rules, as added by chapter 207 of the laws of 1975, is amended to read as follows: Rule 909. Attorneys' fees. If a judgment in an action maintained as a class action is rendered in favor of the class, the court in its discretion may award attorneys' fees to the representatives of the class AND/OR TO ANY OTHER PERSON THAT THE COURT FINDS HAS ACTED TO BENEFIT THE CLASS based on the reasonable value of legal services rendered and if justice requires, allow recovery of the amount awarded from the opponent of the class. S 2. This act shall take effect immediately and apply to all actions commenced on or after the date on which it shall have become a law and all actions pending on the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09315-03-1
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