assembly Bill A3181

2017-2018 Legislative Session

Relates to prohibiting a court from denying class certification solely because the action involves governmental operations

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jan 27, 2017 referred to codes

A3181 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §902, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A5019
2011-2012: A2334
2013-2014: A6871
2015-2016: A2191
2019-2020: A2446
2021-2022: A6501
2023-2024: A4721

A3181 (ACTIVE) - Summary

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

A3181 (ACTIVE) - Bill Text download pdf


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

                                  3181

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2017
                               ___________

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:
  § 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.