Do you support this bill?

Assembly Bill A6871

2013-2014 Legislative Session

Prohibits a court from denying class certification solely because the action involves governmental operations

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

co-Sponsors

2013-A6871 (ACTIVE) - Details

See Senate Version of this Bill:
S4949
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง902, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A5019, S5394
2011-2012: A2334, S5327
2015-2016: A2191
2017-2018: A3181
2019-2020: A2446
2021-2022: A6501
2023-2024: A4721, A8609
2025-2026: A1550

2013-A6871 (ACTIVE) - Summary

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

2013-A6871 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6871

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2013
                               ___________

Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
  tee 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:

  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:
  S 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03179-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.