Assembly Bill A2191

2015-2016 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 - In Assembly 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

Do you support this bill?

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

2015-A2191 (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
2017-2018: A3181
2019-2020: A2446
2021-2022: A6501
2023-2024: A4721, A8609

2015-A2191 (ACTIVE) - Summary

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

2015-A2191 (ACTIVE) - Bill Text download pdf

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

                                  2191

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. SOLAGES, ROSENTHAL, ABINANTI, GOTTFRIED, PICHARDO
  -- read once and referred to the Committee 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.
                                                           LBD06750-01-5
              

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.