Senate Bill S6334A

2019-2020 Legislative Session

Relates to class actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • 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

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Bill Amendments

2019-S6334 - Details

See Assembly Version of this Bill:
A8034
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§901 & 902, RR908 & 909, CPLR

2019-S6334 - Summary

Addresses prerequisites to a class action; an order allowing class action and appointing class counsel; the voluntary dismissal, discontinuance, compromise or settlement of a class action and attorneys' fees.

2019-S6334 - Sponsor Memo

2019-S6334 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6334
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 Introduced  by Sen. HOYLMAN -- (at request of the Office of Court Admin-
   istration) -- read twice and ordered printed, and when printed  to  be
   committed to the Committee on Rules
 
 AN  ACT  to amend the civil practice law and rules, in relation to class
   actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision b of section 901 of the civil practice law and
 rules, as added by chapter 207 of the laws of 1975, is amended  to  read
 as follows:
   b.  [Unless  a  statute  creating  or imposing a penalty, or a minimum
 measure of recovery specifically authorizes the recovery  thereof  in  a
 class  action,  an  action  to  recover a penalty, or minimum measure of
 recovery created or imposed by statute may not be maintained as a  class
 action] ONCE THE OTHER PREREQUISITES UNDER SUBDIVISION A OF THIS SECTION
 HAVE  BEEN  SATISFIED,  CLASS  CERTIFICATION  SHALL NOT BE CONSIDERED AN
 INFERIOR METHOD FOR FAIR AND EFFICIENT ADJUDICATION ON THE GROUNDS  THAT
 THE ACTION INVOLVES A GOVERNMENTAL PARTY OR GOVERNMENTAL OPERATIONS.
   §  2.  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] AND
 APPOINTING CLASS COUNSEL. A. AT AN EARLY PRACTICABLE TIME AFTER A PERSON
 SUES OR IS SUED AS A CLASS REPRESENTATIVE, THE COURT MUST  DETERMINE  BY
 ORDER  WHETHER  TO  CERTIFY THE ACTION AS A CLASS ACTION. 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  OF  THIS  ARTICLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2019-S6334A (ACTIVE) - Details

See Assembly Version of this Bill:
A8034
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§901 & 902, RR908 & 909, CPLR

2019-S6334A (ACTIVE) - Summary

Addresses prerequisites to a class action; an order allowing class action and appointing class counsel; the voluntary dismissal, discontinuance, compromise or settlement of a class action and attorneys' fees.

2019-S6334A (ACTIVE) - Sponsor Memo

2019-S6334A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6334--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 Introduced  by Sen. HOYLMAN -- (at request of the Office of Court Admin-
   istration) -- read twice and ordered printed, and when printed  to  be
   committed  to  the  Committee  on  Rules -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to amend the civil practice law and rules, in relation to class
   actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision b of section 901 of the civil practice law and
 rules, as added by chapter 207 of the laws of 1975, is amended  to  read
 as follows:
   b.  [Unless  a  statute  creating  or imposing a penalty, or a minimum
 measure of recovery specifically authorizes the recovery  thereof  in  a
 class  action,  an  action  to  recover a penalty, or minimum measure of
 recovery created or imposed by statute may not be maintained as a  class
 action] ONCE THE OTHER PREREQUISITES UNDER SUBDIVISION A OF THIS SECTION
 HAVE  BEEN  SATISFIED,  CLASS  CERTIFICATION  SHALL NOT BE CONSIDERED AN
 INFERIOR METHOD FOR FAIR AND EFFICIENT ADJUDICATION ON THE GROUNDS  THAT
 THE ACTION INVOLVES A GOVERNMENTAL PARTY OR GOVERNMENTAL OPERATIONS.
   §  2.  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] AND
 APPOINTING CLASS COUNSEL. A. AT AN EARLY PRACTICABLE TIME AFTER A PERSON
 SUES OR IS SUED AS A CLASS REPRESENTATIVE, THE COURT MUST  DETERMINE  BY
 ORDER  WHETHER  TO  CERTIFY THE ACTION AS A CLASS ACTION. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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